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State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)
....he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......l Miscellaneous Case No. 4986 of 2010. Thereafter, the accused respondent moved High Court Division in Criminal Miscellaneous Case No. 18889 of 2010. A Division Bench of the High Court Division after hearing made the rule absolute and enlarged him on bail. Being aggrieved by the said order the state..Category: Criminal Law | Date: | Hits: 46
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......f submissions, the learned advocates of both the sides referred to numerous decisions of the Subcontinent as well as from the Commonwealth and the United States of America, we also had the benefit of hearing Mr. Mahmudul Islam, learned advocate, who appeared as amicus curiae. 5. The facts of the ..Category: Criminal Law | Date: | Hits: 128
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....No.41.20.3.0.9.91-427 dated 19-8-91 (Annexure-A) but the order itself said that the notice under section 4(1) of the Anti-Corruption Act was sent as the Bureau of Anti-Corruption was satisfied from a preliminary investigation that the petitioner had properties beyond his known sources of income. For...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......elieve” and that makes the satisfaction as an objective satisfaction to be based on positive materials. He also relies on the unreported decision dated 23-3-99 of the High Division in the analogous hearing of Writ Petition No.5190 of 1996 with Writ Petition Nos. 5382 of 1996, 5384 of 1996, 736 of ..Category: Criminal Law | Date: | Hits: 78
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......ure despite Rule 19(Gha) of the Jaruri Khamata Bidhimala, 2007. 5. Being aggrieved by the judgment and order of the High Court Division the appellants filed petition for leave to appeal and after hearing the parties this court granted leave to consider the submission that during the subsistence ..Category: Criminal Law | Date: | Hits: 100
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......he case was sent to the Sessions Judge who took cognizance and registered the same on 4-11-96 as Sessions Case No.633 of 1996 and issued notice on the accused for their appearance fixing 18-11-96 for hearing charge matter. Except absconding accused Faruk Thakur petitioner No. 4 Ziaul Huq Zia and pet..Category: Criminal Law | Date: | Hits: 33
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....murder of Md. Ariful Huq (Ripon) by the Special Martial Law Court No. 1. 6. In view of its gravity and importance we intend to consider the point of maintainability of the writ petition first as a preliminary point. 7. While this instant murder case was pending before the Chief Metropolitan Ma......9-00 PM on 15-2-85 some unknown young men called his son, Ariful Haque alias Ripon, away from his house. The informant was not at home at the relevant time. He returned to his house from his work and hearing some noise he went out of his house and then he saw his son, Ariful Haque alias Repon, lying..Category: Criminal Law | Date: | Hits: 52
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......tness. The condemned prisoner, however, submitted a written statement during his examination under section 342 Cr.P.C. 8. The learned Sessions Judge, on consideration of the evidence on record and hearing the learned Advocates of both the sides, found the accused Mukul @ Swapan guilty under secti..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. 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) 34. ......Taka 500, in default of payment of which to suffer rigorous imprisonment for one month more. Both the appeals arose out of same judgment and order of conviction and sentence are taken up together for hearing and are being disposed of by this judgment. 2. The prosecution case, in short, is that o..Category: Criminal Law | Date: | Hits: 41
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......light. When the local people started coming the accused persons fled away. The deceased was taken to the Emergency Department of the Hospital where he was declared dead by the attending physician. On hearing from witnesses namely, Kazi Jasim and another Jasim the informant lodged ejahar. As the info..Category: Criminal Law | Date: | Hits: 50
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......nia PS Case No. 3(7)99 cancelling the bail by the accused-petitioners should not be set aside and also as to why the accused-petitioners should not be enlarged on bail in the said case. 2. Pending hearing of this Rule another Division Bench of this Division vide their order dated 17-8-2000 grante..Category: Criminal Law | Date: | Hits: 43
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......, which we readily welcomed. He told us 'Kalikaccha' was once very advanced. Netajee Subash Chandra Bashu visited the village. He appreciated the initiative of the informant in visiting the place and hearing the deceased. But he was unable to support him on whatsoever he did thereafter. He submitted..Category: Criminal Law | Date: | Hits: 49
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, 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 (2003) 273. ...... that after arrest they were beaten and tortured by police to obtain statement under section 164 Cr.P.C. He shows that such retraction prayer of above all accused was rejected by the Magistrate after hearing and consideration. He contends that about police beating and torture above accused did not m..Category: Criminal Law | Date: | Hits: 42
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395....... and when the child in the womb grew up the accused persons committed miscarriage on 19-5-93. 3. Thereafter, the opposite party No.2 on 19-5-93 filed the case before the Magistrate. At the time of hearing of the petition, the complainant annexed a medical certificate from the Gynecologist who opi..Category: Criminal Law | Date: | Hits: 43
Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)
.... absolute. The above submission merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60.......n which the above C.R. Case No.218 of 2007 was initiated, was filed on 23.5.2007, i.e. before any cause of action arose for filing the above C.R. Case No.218 of 2007. The High Court Division, after hearing, made the Rule absolute. 3. The learned counsel for the petitioner submitted that the ins..Category: Criminal Law | Date: | Hits: 39
Rakib and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......of Shahabuddin. Shahabuddin fell down on the ground; Mostafa who was sitting beside Shahabuddin, was also hit by a gun shot who also having sustained the injury fell down on the ground; at that stage hearing the outcry and the sound of gun shot in front of her house Selina Akhter wife o victim Shaha..Category: Criminal Law | Date: | Hits: 38
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......injury and the accused Zayeda inflicted chapati blow on throat causing serious injury and other accused persons assaulted him causing injury. The servant then went to the house of the informant after hearing the shout of his father went to the house of the condemned prisoner and rescued him and took..Category: Criminal Law | Date: | Hits: 49
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....sting of the intelligence of a witness of tender age is a condition precedent to the reception of the evidence in Court. It is, therefore, not imperative for the Court to subject a child witness to a preliminary examination before his evidence is received." 47. In the case of Gadu Mia and others ......d Shefali died sustaining injuries which were ante‑mortem and homicidal in nature. 35. PW1 Nezamul Haque, the informant as well as the father of the deceased, went to the place of occurrence on hearing of murder of his daughter. He also heard about the occurrence from eye witnesses. PW2 Md. ..Category: Criminal Law | Date: | Hits: 84
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......e heard that the accused Billal Hossain Gazi killed the victim for dowry. She did not disclose name of the persons from whom she heard that the accused killed the victim for dowry. She stated that on hearing about the incident she went to the place of occurrence and saw the dead body of the victim. ..Category: Criminal Law | Date: | Hits: 43
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......rested. Then the prosecution made an application with a prayer for remand and the prayer for remand was opposed by the appointed Advocate of the petitioner and the case was fixed on 25‑3‑2004 for hearing of the application for remand. It has been stated that in the past, that is in the last year..Category: Criminal Law | Date: | Hits: 60