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Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......continued to be tried in the forum before the amending or repealing enactment came into force unless contrary intention has been expressly stated in the amending or repealing legislation. The date of occurrence, the date of lodging of the F.I.R. or the date of receipt of the F.I.R. or complaint by t..

Category: Criminal Law | Date: | Hits: 103

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ...... of the Penal Code. 3. After filing of an ejahar, Pirgonj police station case No.03 dated 14.12.1998 was started. Sub-inspector Ram Mohan firstly took up the investigation who visited the place of occurrence and prepared sketch map with a separate index thereof. He prepared surathal report and se..

Category: Criminal Law | Date: | Hits: 74

Enamul Haque Vs. State, 2010, 39 CLC (HCD)

....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ...... the possession and other relevant issues, the Magistrate can pass an order of attachment as per second proviso to section 145(4) of the Code, if he considers the case is one of emergency, to prevent occurrence of immediate breach of peace. An interim order of attachment under the second proviso of ..

Category: Criminal Law | Date: | Hits: 105

Jahirul Haque Vs. State, 2011, 40 CLC (HCD)

....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......topping their rickshaw and putting them in fear of life, the miscreants took away Taka 2,000 cash from a bag which was kept in P.W.4's waist and also wearing apparels worth Taka 2,500. At the time of occurrence P.W.4 saw the face of the miscreants by the light of the hurricane for which they assault..

Category: Criminal Law | Date: | Hits: 83

Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......ed arms with magazine as material Exhibit-I. 12. In his cross-examination he stated that he got the secret information while he was staying as Panchoboti which is 21/2 kilometers from the place of occurrence and it took 5/10 minutes to reach at the place of occurrence. The place of occurrence was..

Category: Criminal Law | Date: | Hits: 99

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

.... to be seen that it was observed in that case: .... It seems clear that the submission advanced below confused the legal "seat" etc. of an arbitration with the geographical­ly convenient place or places for holding hearings. This distinction is nowadays a common feature of international arbitraÂ....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)

....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......mply because the learned Tribunal Judge did not state that he obviously accepted the statement in the charge sheet that the accused persons including the petitioners were absconding since the date of occurrence and they could not be arrested and produced before the trial Court by the police. One con..

Category: Criminal Law | Date: | Hits: 99

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......under section 561A of the Code of Criminal Procedure and obtained the present Rule. 8. Mr. Md. Khurshid Alam Khan further sub­mits that no charge was framed against the petition­er on the day of occurrence (7-2-2011) and his plea of guilty was recorded by the Executive Magistrate on 8-2-2011 an..

Category: Criminal Law | Date: | Hits: 81

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... residence in Dhaka by train from Chandpur and when he reached Kamalapur Railway station he was arrested by the police and that of c accused Golam Rasul was that he was not arrested from the place of occurrence. 7. Mr. Md. Kalimullah Mazumder, the learned advocate appearing on behalf of the conv..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....hots were fired and when huge gunshots fired, the people became terrified but from the deposition of the witnesses we do not find as such fact. It appears from the deposition of witnesses that in two places of occurrence a crowed of 1000 people were present, inspite of that prosecution could collect......city of the witnesses. But benefit of discrepancy between medical report and inquest report creates a doubt, goes in favour of accused. Inquest report is the document being the earlier version of the occurrence has some importance in the prosecution case. It can be used to contradict the witnesses u..

Category: Criminal Law | Date: | Hits: 89

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......his hand but failed; that the accused Enamul called oth­ers to make accused Aza free; that the witnesses gathered there hearing hue and cry and his elder brother Aftabuddin also came to the place of occurrence and heard the matter and asked Saidur Rahman not to beat Aza and that at that time Abu Su..

Category: Criminal Law | Date: | Hits: 84

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

....s the each and may issue an order in writing to hem or any of them so to do. (2) The search shall be made in their resented, and a list of all things seized in the course of such search and of the places in which hey are respectively found shall be prepared by such officer or other person and sig...... 1 of 1872); section 3 There is no reason why the evidence of police personnel should be discarded simply because they belonged to the police force. They came before the Court and testified to the occurrence. They were fully cross examined. Their evidence is also evidence within the meaning of se..

Category: Criminal Law | Date: | Hits: 92

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......tempt of dacoity was made. He in his deposition admitted the FIR story. But in the cross-examination he said that police did not apprehend the accused and even the police did not come to the place of occurrence. The Dafader himself went to the police station with the accused. He further said that ac..

Category: Criminal Law | Date: | Hits: 86

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ...... is also dacoity………………………..(31) Medical evi­dence is a piece of corroborative evidence along with other evidence. If the prosecution case is proved by the ocular witness of the occurrence, the non-examination of the doctor is not always fatal. It depends upon as to how the oth..

Category: Criminal Law | Date: | Hits: 158

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......4‑1992 and GR 41 of 1992. 2. Prosecution case at the trial, in brief, was that deceased Jamiruddin brother of informant Golam Mostafa, went to bed in newly constructed ghar in their house in the occurrence night following 14‑4-­1992 corresponding to second Baishak 1399 BS. Informant Golam Mo..

Category: Criminal Law | Date: | Hits: 93

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

.... show; that informant readily accepted his proposal and accordingly, she went to Shariatpur and enjoyed a film 'Kazar Maya' by name in the "Alochaya Cinema Hall" and that they also moved to different places and in the evening, Raihan told the informant that there is no bus or other means of communic......m the informant was taken to Palong Police Station where she lodged the first information report. Hence the present case. 3. SI Bhuiyan Mahbub Hasan took up the investigation, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, seized some alamats ..

Category: Criminal Law | Date: | Hits: 74

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......k. In this way, the accused-petitioner and others misappropriated Taka 4,42,500 by selling 6 Taxi Cabs resorting to forgery. 3. During investigation, the Investigating Officer went to the place of occurrence and record­ed the statements of the witnesses under section 161 of the Code of Criminal ..

Category: Criminal Law | Date: | Hits: 92

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......ouhid committed offence punishable under section 304 Part-I of The Penal Code as he inflicted injury on the right side of chest of Ajoy Kumar which ultimately resulted in death after five days of the occurrence. Learned Sessions Judge held that accused Jahangir and Mukut Participated in the alleg..

Category: Criminal Law | Date: | Hits: 98

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......ant are all police Personnels, P.W.2, P.W.6 and P.W.7 had been tendered from prosecution and cross-examination had been declined from defence side. P.W.8 and P.W.9 had not been present at the time of occurrence and they are simply formal witnesses. P.W.1, P.W.4 and P.W.5 claimed to be present at the..

Category: Criminal Law | Date: | Hits: 125

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......th a party Relationship of the witnesses with a party cannot be the sole ground of disbelieving their evidence unless contradiction and inherent infirmity are found in their evidence. . . When the occurrence is indirectly admitted by the accused party by filing a counter case as already noticed a..

Category: Criminal Law | Date: | Hits: 75