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Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ...... favourable steps in the direction. 6. After considering the submissions and on perusal of the materials we feel inclined to give the following directions: 1) Trial, if any, of all juvenile accused to be completed with utmost expedition by the juvenile Courts and the concerned law enforcin..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......hours) of the night of February 26, 1997 she sensed that someone touched her body and thereupon while woke up she was threatened to keep quiet and at one stage while she called her husband one of the accused persons pressed her mouth by cloth and that amongst the accused persons 2 kept her pressed d..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... The Nari‑o‑Shishu Nirjatan (Bishesh Bidhan) Act, 1995 (XVIII of 1995), Section 6(4) The Penal Code, 1860 (XLV of 1860), Section 32 To connect the accused of a gang involved in an offence, it is not necessary to prove individual overt act for an ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......ssly provide that pending proceeding be affected by an amendment of the law. In Sarder and others vs. State AIR 1961 Calcutta 181 an FIR was lodged on 17 December, 1957 alleging abduction against the accused and charge‑sheet was submitted on 24 April, 1958. What happened in that case was that the ..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......e bar under section 195 is not attracted. Therefore, in the instant case, a complaint in writing of a relevant court is not necessary and there is no bar in initiating legal proceeding against the accused by a complaint lodged by a police officer…………..(14) ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ...... The Arms Act, 1878 (XI of 1878), Section 19(a) and (f) The arms and ammunitions having been recovered from possession of the arrested persons who disclosed the names of the accused-appellants and the appellants being not present at the time of recovery they can not be hel..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... 265D & 265E Sections 265B, 265C, 265D & 265E of the Code of Criminal Procedure form a composite session and steps under these sections are to be taken in the same session. When an accused is brought before the Court in pursuance of section 205C of the said Code the prosecution o..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....therwise directs" are designed to be exercised in exceptional circumstances to deprive the right to be enlarged on bail on very cogent reasons, the reasons including the strong possibility of absconding or tempering with witnesses or hindering the prosecution of the trial etc. 21. ...... almost six years without any trial as the further proceeding of the case has been stayed by the High Court Division in Criminal Revision No. 123 of 2000 on an application filed by another co‑accused and there is no chance of early disposal of the said Revision inasmuch as the trial of the..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......ted upon a petition of complaint making the allegation of committing offence under section 138 of' the Negotiable Instruments Act. 3. It has been stated in the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petition..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......ed Appellant. Md. Robiul Karim, Assistant Attorney-General-For the Respondent State. Criminal Appeal No. 2487 of 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashid Biswas, is directed against the ju..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....al Procedure and framing charge against them under sections 4(b) and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance No. LX of 1983) without service of summons upon the absconding accused namely, Jamal, Yunus and Abu Bakkar or any return thereof. 2. The prosecution......y-General with Mohammad Abdul Baset, Assistant Attorney-General—For Respondent No.1. Criminal Appeal No.2381 of 1998. Judgment Md. Muzammel Hossain J.—This appeal at the instance of the accused appellants is directed against the impugned order dated 6‑9‑1999 passed by the Cruelty ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......half of the State to oppose the appeal. 10. P.W. 1 Shantoshi Rani Saha is the mother of deceased Shaymol Kanti Saha and the informant of the case. She has stated in her examination-in-chief that accused Anwar, Kalu, Selim, Samir and another assaulted her son Shaymol in the pulse field while her..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......r the Appellant. Md. Abdul Baset, Assistant Attorney-General—For the Respondent. Criminal Appeal No. 1545 of 2000. Judgment Md. Muzammel Hossain J.— This appeal at the instance of the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai is directed against the impu..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......t. 3. In the background of the aforesaid prosecution case the appellants and 7 others were called upon to answer the charge framed under sections 468 and 468/109 of the Penal Code. The accused claimed to be innocent. On conclusion of trial the Upazila Magistrate by the judgment and ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......nvict being Criminal Appeal No. 3032 of 1998 inasmuch as they involve common question of fact and law. 2. The prosecution case, in short, is that about one year before the alleged occurrence the accused Harish and Harun wanted to make illicit relation with Hazera Begum by offering her biscuit, ..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ...... is submitted that the High Court Division erred in law in failing to exercise authority under section 491 of the Code of Criminal Procedure in such a case when the victim is a minor and not an accused in the case and her confinement in the custody is illegal and she ought to have been hande..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......ith a judgment delivered by a Division Bench of the High Court Division on 24th August, 2000. The report conveys the message that the judge took bribe to deliver a judgment favourable to a particular accused person but could not do so because of intervention by the Law Minister. It is, therefore, co..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ...... for life. 2. The prosecution case, in short, is that Fazila Khatun, daughter of Fazal Khan was married to Haider Ali Shaikh who had been serving in Malaysia. In the absence of his son-in-law, accused Hobi and Ashraf tried to have sexual intercourse with Fazila Khatun. On 7‑5‑1997 she cam..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298........ The prosecution case, in brief, is that the victim Salma Akhter, aged about 12 (twelve) years, used to reside in her parents’ house at village Toukata under Nalcity Police Station, Jhalakati. The accused Parul Begum is distantly related to her and she used to reside near the house of the victim...Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......de, 1960 (XLV of 1960), Sections 406/420 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
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