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Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......s concocted the story of bangles and falsely implicated the accused persons. The alleged confession is neither voluntary nor true. 5. The learned trial Court after examination of the witnesses and hearing arguments has convicted die accused appellant and sentenced him to death by hanging by his j..Category: Criminal Law | Date: | Hits: 84
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......e that Swapan and Sudhansu proposed to marry the victims, failing which they committed the incident. He proved the first information report as exhibit-1. 8. In cross-examination he stated that on hearing the screaming he entered inside the hut and he heard about the threatening by accused Swapan..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......ther of the deceased, P.W.3 Shamsu and P.W.4 Abdus Shahid to the effect that the deceased Hablu was last seen with the accused-appellant Mosharrof at dusk on 22.9.1991 in the Trimohoni Bazar and that hearing of the threat given by the accused to the informant-party with dire consequences even with d..Category: Criminal Law | Date: | Hits: 69
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......d petitioners filed an application under section 339C (4) of the Code of Criminal Procedure for releasing the accused stopping the proceeding. The learned Divisional Special Judge fixed on 6.8.89 for hearing of the application and order. On 6.8.89 the learned Divisional Special Judge Mr. Munsif Ali ..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......ecial Tribunal Case No. 1 of 1986 admitting Exts. 4, 5 and 6 series into evidence should not be set aside or such other or further order or orders as to this Court may seem fit and proper and pending hearing of the Rule, all further proceedings of Special Tribunal Case No. 1 of 1986 now pending in t..Category: Criminal Law | Date: | Hits: 74
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... party grew the paddies. (iv) The prosecution failed to produce a single disinterested and independent witness from the neighboring land while admittedly many persons from the neighborhood came on hearing cries and only the interested and inimical persons were brought as witnesses and even their ..Category: Criminal Law | Date: | Hits: 61
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......The condemned prisoner was eventually placed on trial before the learned Sessions Judge, Bakerganj. He however escaped from police custody on 3.6.86 while he was being brought to attend the Court for hearing under section 265B of the Code of Criminal Procedure. As his presence could not be secured t..Category: Criminal Law | Date: | Hits: 81
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ...... of the appeal the complainant opposite party filed a petition under section 522 of the Code of Criminal Procedure on 6.7.87 for restoration of his possession. The learned Magistrate fixed 7.7.87 for hearing of the restoration matter, but he did not pass any order on account of pendency of appeal ag..Category: Criminal Law | Date: | Hits: 59
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....of law but in exercise of his discretionary power, could not itself give rise to a ground for transfer as no prejudice could be shown to have been caused to the accused. 52. I will now deal with a preliminary objection raised by the learned Attorney‑General regarding the maintainability of the ......nal Procedure, this time direct to this Court asking this court to transfer the Special Tribunal Case No. 60 of 1991 to the Court of any other Special Tribunal or to the High Court itself and pending hearing of the Rule, all further proceedings of Special Tribunal Case No. 60 of 1991 be stayed. 9..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......ncle Md. Ali Hossain approached the Officer‑in‑Charge Baharul Islam on 23.10.86 at Ramna PS seeking his help to reform the boy by sending him to a Reformatory School. The O/C. gave him a patient hearing and sent Sub‑Inspector Abdul Bari, working under him to collect the boy from his residence..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......t from the evidence of P.W.7 that at the place of occurrence many persons gathered including the elder brother of her husband P.W.1 Akkas Ali and P.W.2 Kawsar Ali. The FIR must have been lodged after hearing from the P.W.7. There is no reason why the FIR should not contain this important circumstanc..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......t so is the right to have a cairn and fair trial free from outside pressures and influences. Every other right, including the right of a free press itself, may depend on the ability to get a judicial hearing as dispassionate and impartial as the weakness inherent in men will permit." 22. The Ju..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......ourt Division. 4. It is contended that the complaints having been filed on 22nd July, 2008 the cases are barred under section 138(C) of the Negotiable Instruments Act. The High Court Division upon hearing the parties at length while maintaining the orders of the learned Additional Sessions Judge ..Category: Criminal Law | Date: | Hits: 118
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......formed him that as soon as he had reached to the southern side of Dainik Bangla crossing towards the cast of Baitul Mokarram 4/5 persons attacked him to snatch away his gold chain and wrist watch. On hearing cries people came to his rescue and then the hijackers ran towards the east. The hijackers f..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......il on the apprehension that if they surrender before the Court below, they would not be treated in accordance with law and would surely be given to police remand. 4. The High Court Division, after hearing, by its Order dated 8-6-2010, issued a Rule to show cause as to why the accused-respondent..Category: Criminal Law | Date: | Hits: 89
Kadu and others Vs. State, 1990, 19 CLC (HCD)
.... the occurrence from PWs 2,4, and 6 and lodged the First Information Report Ext. 2 at Khaliajury Police station on 10.4.75 at 9 AM about 15 hours after the occurrence. 3. PW 3 ASI Abdul Malek took preliminary steps. He held inquest on the dead body of Asak Ali and seized blood stained earth and g......i dealt a lathi blow on his left shoulder causing injuries as a result of which Asak Ali fell down on the ground. Out of fear PWs. 2, 4 and 6 ran away towards the village Asadpur and raised cries. On hearing their cries PW 9 Abdur Rashid, step‑brother of Askok Ali, rushed to the place of occurrenc..Category: Criminal Law | Date: | Hits: 74
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......re this accused-appellant Sohel @ Sanaullah and the other accused Hannan pleaded not guilty and declined to give any evidence or to say anything more in their defence. However, the trial Court, after hearing the arguments advanced by the learned Counsels of both the sides and considering the evide..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536....... fact that there are corroborating evidence adduced by PWs 2, 3, 4, 5, 9 and 13. 7. There is no doubt that P.W.s 2, 3, 4, 5 and 9 are eye witnesses of the occurrence and P.W.1 lodged the FIR after hearing from these witnesses who also corroborated them as regards the lime, the place and the manne..Category: Criminal Law | Date: | Hits: 90
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......Thereafter the accused petitioner surrendered before the Court and considering his status as a former Union Parishad Chairman Learned Magistrate granting bail on 19.12.84. Thereafter on 17.3.85 after hearing the prosecution and defence and considering the materials on record as well as petitioner's ..Category: Criminal Law | Date: | Hits: 132
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... accused persons on whose behalf another case was also started on the self‑same occurrence, could not be held to be guilty and punished on the above charges. The learned Assistant Sessions Judge on hearing both the sides and considering the facts and circumstances, of the case and the evidence on ..Category: Criminal Law | Date: | Hits: 86