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Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......Yeakub, that due to such rivalry her husband implicated them. She also denied the suggestion that she could not recognize the accused by the light of hurricane. 12. PW 2 Mofser Ali deposed that on hearing alarm he rushed to the informant's house and found marks of injuries inflicted upon the info..Category: Criminal Law | Date: | Hits: 52
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ...... have been preferred by the convict-appellants namely, Abul Khair alias Md. Abul Khair, SM Rafique, Md. Sharifullah and Abdul Awal respectively. 2. All these four appeals are taken up together for hearing and disposed of by this common judgment as all of them have arisen out of the same judgment ..Category: Criminal Law | Date: | Hits: 53
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ...... cases. 13. PW 1 Lt. Col. Md. Younus Khan the informant, deposed that the slain Emdad Ahmed Afzal was his brother-in-law. On 11-5-1992 he reached to the House No.6, Road No. 104, Gulshan, Dhaka on hearing of the incident and found that his aunt Rabeya Begum, khalu Ejab Uddin, another sister-in-la..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......charge was framed in absentia of the petitioner on 16-11-1999 under section 19(a) of the Arms Act. 6. At the time of trial the prosecution examined 8 witnesses and the defence examined none. After hearing the learned Advocate of the parties and considering the materials on record the learned Sess..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......rder of conviction and sentence dated 8-7-2004 passed by the learned Magistrate, the petitioner preferred Criminal Appeal being No. 124 of 2004 in the Court of the learned Sessions Judge, Sylhet who. hearing the learned Advocate for the petitioner and perusing the Memo and papers on record, did not ..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351....... convict-appellant is innocent and he has been falsely implicated in the case out of suspicion and no offence has been committed by the convict appellant for which he should be acquitted. 8. After hearing the parties and considering the evidences on record, the learned Assistant Sessions Judge an..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....ls of Niguari that the deceased had an extra-marital relation with the accused who with intent to cause miscarriage by herbal medicine caused her death. On receipt of the Post Mortem Report and after preliminary inquiry he (PW 1) lodged the First Information Report which he proved as Exhibit 1 and h......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......ll in front of Ahsanullah Hall of BUET, stated that he could not remember the date of occurrence. At that time, he was selling tea and that at or about 12-45 PM he heard the sound of bullets and that hearing the sound of bullets the students took shelter inside different buildings. The firing took p..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....s passed not in accordance with law rather, we hold the direction to the receiver to hand over possession to the 2nd party without any evidence is not sustainable in law. Once a proceeding began with preliminary order, it must be ended by following inquiry and with final order. Admittedly, the 2nd p...... the said date the first party petitioner filed an application for appointment of receiver. The 2nd party filed an application for rejection of the said application for appointment of receiver. After hearing the learned Magistrate passed an order of appointing Officer-in-Charge of Mirsarai police st..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ...... victim, and Kayes, with the intention of killing the victim, attacked him with the Chinese axe when the informant caught hold of him along with the weapon. Others who came to the scene of occurrence hearing hue and cry also managed to catch the petitioner. It is further alleged that the accused had..Category: Criminal Law | Date: | Hits: 61
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......Thereafter, the accused attacked the deceased with the knife and dealt several blows on the body of the deceased causing several incised wounds, which ultimately resulted in death of the deceased. On hearing outcries from the house of the accused the neighboring witnesses nished there and saw the in..Category: Criminal Law | Date: | Hits: 93
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......as sent from this Court with a copy of the Court's order directing the petitioner to appear either personally or through any learned Advocate. However, in due course, when the matter was taken up for hearing, no one appeared on behalf of the petitioner. 5. Mr. Md. Taherul Islam, learned Advocate ..Category: Criminal Law | Date: | Hits: 97
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ...... 2. Pending disposal of the Rule further proceedings as above was stayed. 3. Rule was made returnable within 4 weeks. 4. Rule being ready was fixed at the instance of State opposite party for hearing. 5. Learned Advocate for the accused petitioner refers to provisions of section 27(1) of ..Category: Criminal Law | Date: | Hits: 48
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......cedure to be examined in Sessions Case 28/2001 should not be set aside or pass such other order or orders as this court may deem fit and proper. Rule was made returnable within 4 weeks. 2. Pending hearing of the Rule further proceedings of both Sessions Case 28/2001 and Sessions Case 57/2000 were..Category: Criminal Law | Date: | Hits: 41
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......6 wherein the Appellate Division held that while discharging the accused on ground of insufficient materials on record to proceed, the Court has to give its reason in writing. But when the Court upon hearing prosecution and the accused and upon perusal of the record is of the opinion that the accuse..Category: Criminal Law | Date: | Hits: 73
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....In the Indian Code of 1973, the procedure for commitment enquiry in respect of cases exclusively triable by a Court of Session has been dispensed with and a Magistrate is empowered to perform certain preliminary function under section 209 before sending the case record for trial, which reads as foll......e tried before himself or some other Magistrate in which case, he shall proceed accordingly. "265C. If upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Court considers that ..Category: Criminal Law | Date: | Hits: 49
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....far off place in Ghazipur in the State of Uttar Pradesh, seek their release on bail and then to either move an application under section 245(2) of the Code or to face trial when the complaint and the preliminary evidence recorded makes out no case against them. It is certainly one of those cases whe......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......e first information report filed against them. 7. PW 4 is Belayet Hossain. He is the immediate neighbour of the accused. He stated that the occurrence took place at the time of Fazar prayer and on hearing hue and cry he went to the house of the accused and heard that Mannan's wife committed suici..Category: Criminal Law | Date: | Hits: 96
Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... a charge was so framed against the petitioner and the trial was held inabsentia. 4. During trial the prosecution examined 13 witnesses. Considering the deposition of the prosecution witnesses and hearing the parties, the learned Nari-O-Shishu Nirjatan Daman Tribunal, Rajbari convicted and senten..Category: Criminal Law | Date: | Hits: 57
Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......only one P.W namely P.W.1 Md. Nizam uddin has been examined in part and thereafter the trial court issued non bailable warrant of arrest upon the witnesses and the case is fixed on 3.5.11 for further hearing, in view of the fact we find substance in the submission that the trial is delayed for no fa..Category: Criminal Law | Date: | Hits: 49
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