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State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......same immediately. Thereafter Nuruzzaman wanted to know the purpose of such segregation of those inmates of the jail. On such query those armed personnel disclosed that they would be done to death. On hearing such reply Nuruzzaman then wanted to have a telephonic call with President Mostaq, who also ..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... report. The learned Magistrate sent the case for further investigation. Being aggrieved by that order, the informant filed a revision petition before the learned Sessions Judge, Manikgonj, who after hearing both the parties allowed the revision and set aside the order of the Magistrate directing fu..Category: Criminal Law | Date: | Hits: 66
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......objectionable activities has been made. But there is nothing before us to show that before issuing Annexures-B and C show cause notice was issued to the petitioner or she was ever given any chance of hearing to explain away the allegation made against her. The petitioner seems to have been condemned..Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ...... undertaking to produce the same in the Court when called for. 10. Heard the submission of the learned Advocates and perused the application and the papers annexured therewith. 11. In course of hearing of this Rule, the petitioner has filed papers in support of his claim but we are not incline..Category: Criminal Law | Date: | Hits: 110
State Vs. Lieutenant Colonel Syed Farook Rahman (Rtd.) and others, 2011, 40 CLC (HCD)
....executed, and therefore, these petitions have been abated. In view of the submission of the learned counsel, these petitions are dismissed as being abated. Ed. This Case is also Reported in: ......l Appeal Nos.118 of 2006 & 597 of 2007.) Order ABM Khairul Haque CJ. - These petitions arise out of the same judgment and, therefore, these petitions are taken up together for analogous hearing. 2. State preferred these petitions for leave to appeal from the judgment and order date..Category: Criminal Law | Date: | Hits: 85
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......n not Md. Abul Kalam Azad and not the actual person who has been convicted and sentenced in the aforesaid Special Case, prayed for bail and in support of his claim he produced several documents. Upon hearing both the parties the Magistrate observed in his order dated 31‑12‑2002 that whether the ..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......arrested in the present case. 4. Thereafter, the petitioner filed an application for bail before the Metropolitan Sessions Judge, Dhaka in Criminal Miscellaneous Case No. 1688 of 2004 which, after hearing, was rejected by the learned Metropolitan Sessions Judge by his order dated 24‑6‑2004. ..Category: Criminal Law | Date: | Hits: 81
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......finally submits that the High Court Division disÂcharged the Rule on the ground that questions of fact are involved which would be dealt with by the trial Court upon adducing evidence at the time of hearing, whereas the point raised by the petitioner is one of law as to service of notice which is e..Category: Criminal Law | Date: | Hits: 75
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....e the realization of fine was stayed which is now disposed of by this judgment. 3. Mr. Shamsul Hoque Chowdhury, the learned Advocate appearing on behalf of the opposite party, initially took up a preliminary objection as to the maintainability of this Rule and submits that this need be decided f...... appeal by his order dated 30.8.86. Thereafter, this revisional application was moved before this Court and the Rule was obtained on 22.9.86 from a Bench presided over by M. Sohrab Ali J when pending hearing of the Rule the realization of fine was stayed which is now disposed of by this judgment. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......Biman and he deposed that on 30.5.86 from 6 A.M. to 2 P.M. he was on duty and at about 11-30 A.M. his superior Mr. Khaleque informed him that one Biman personnel has been apprehended with gold and on hearing this he along with Khaleque went to the Customs Office inside the Customs hall where they fo..Category: Criminal Law | Date: | Hits: 87
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......report took cognizance of an offence punishable under section 302 of the Penal Code against Dulal and sent the case to the Sessions Judge for trial. The learned Sessions Judge while fixing a date for hearing as to framing of charge considering the enquiry report sent back the case to the Magistrate ..Category: Criminal Law | Date: | Hits: 81
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
.... present Rule. 4. Md. Khaled Ahmed, the learned Advocate appearing for the petitioner, submits that under section 476 of the Code of Criminal Procedure the learned Magistrate is required to make a preliminary enquiry before lodging any complaint against the delinquent who is alleged to have used ......us filed written objection against the aforesaid application of the decree-holder bank for initiating action under sections 195/476 of the Code of Criminal Procedure. The learned Artha Rin Adalat, on hearing the contending parties and on careful perusal of the materials before him, passed the impugn..Category: Criminal Law | Date: | Hits: 82
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......etropolitan Sessions Judge, Chittagong against the order dated 06.10.2005 passed by the Court of Chief Metropolitan Magistrate, Chittagong and the learned Metropolitan Sessions Judge, Chittagong upon hearing vide his order dated 08.02.2006 allowed the Criminal Revision and set aside the order dated ..Category: Criminal Law | Date: | Hits: 76
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ed the case made out in the first information report. In the lengthy and shrewd cross-Âexamination the defence failed to discredit her in any material respect. The witnesses who came to the scene on hearing the hue and cry raised by victim Mazeda Khatun, uniformly stated that on their query victim ..Category: Criminal Law | Date: | Hits: 94
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......de order dated 26.2.87 in Drug Case No.3 of 1987 when on the prayer of the accused appellants they were enlarged on bail. The case was heard by Mr. M.M. Munsef Ali, Judge, Drug Court, DhaÂka. At the hearing the prosecution examined 6 witÂnesses, the defence none. 3. The defence, however, in cou..Category: Criminal Law | Date: | Hits: 83
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....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. ......ether the learned Sessions Judge was justified in coming to the above conclusion. 7. Informant P.W.1 Md. Bhidu Pramanik did not see the occurrence which took place in his courtyard. He stated that hearing hue and cry at about 6-00 AM in the morning he came home from the nearby field and saw the d..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. ......12‑95, at 21-00 hours, while he was at BNP office, he came to know that his elder brother Mosudur Rahman (Babu) received serious injuries and he is in Sher‑e‑Bangla Medical College Hospital and hearing the aforesaid news the informant rushed to the hospital and thereafter he on query came to k..Category: Criminal Law | Date: | Hits: 74
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....ns of section 196 or section 196A apply, the Chief Metropolitan Magistrate or a District Magistrate may notwithstanding anything contained in those sections or in any other part of this Code, order a preliminary investigation by a police officer not being below the rank of Inspector, in which case s......€‘93 the petitioner obtained a Rule for quashment of the proceedings and also an order of stay of all further proceedings of the CR case No.226/92 of the Court of Sadar Magistrate, Gopalgonj, pending hearing of the Rule, from another Bench of this Court. 5. It appears that the accused petitioner ..Category: Criminal Law | Date: | Hits: 70
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......r dated 11-7-77 and on the same day attached the disputed properÂties, namely, two rice mills and appointed the Circle Officer (Rev.) as receiver. On the followÂing day the learned Magistrate after hearing the lawyers of the Second Party stayed the operation of his order till final hearing and dec..Category: Criminal Law | Date: | Hits: 69
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......n the boundary wall and held out threats to the family of the complainant, and he had been obliged to bring a case under section 447 of the Penal Code against the opposite parties on 19.2.85. At this hearing the learned Advocate for the complainant petitioner has filed the certificate copy of the ju..Category: Criminal Law | Date: | Hits: 70