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

.... of a cognizable offence. Section 156 authorises such an officer to investigate it. This is the second scene. There are four different reports made by a police officer to a Magistrate, such as, (i) a preliminary report under section 157 (ii) a subordinate police officer's report under section 168 to......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..

Category: Criminal Law | Date: | Hits: 70

Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)

....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......st accused Harun under sections 7/9(1) of the said Ain to which accused pleaded not guilty and claimed to be tried. Accordingly, trial commenced. A hail petition was moved on 14‑10‑2002 and after hearing the parties and considering materials on record learned Judge of the Nari‑o‑Shishu Tribu..

Category: Criminal Law | Date: | Hits: 72

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ...... Abdus Sabur, also, submitted a separate petition of appeal being Criminal Appeal No. 1209 of 2000 before this Court. 4. Death Reference, Jail Appeal and Criminal Appeals are taken up together for hearing and those are being disposed of by this common Judgment. 5. In the Judgment, victim Md. J..

Category: Criminal Law | Date: | Hits: 69

Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)

....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......rused the appeal petition, first information report, charge‑sheet, confessional statement made by accused ldris Sheikh, Anis, Kalu and Harun Sheikh under section 164 Cr.P.C. produced at the time of hearing and the impugned order. The learned Advocate for the appellant submits that the accused‑ap..

Category: Criminal Law | Date: | Hits: 43

Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)

....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......on to take cognisance on the basis of complaint petition filed by Shashi Mohan Das and accordingly, Rule was obtained. 4. None appears to represent the petitioner when the case is taken up for hearing. 5. Mr. Khurshid Alam Khan and Mr. Shahiduzzaman Chowdhury the learned Advocates appe..

Category: Criminal Law | Date: | Hits: 42

Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)

....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ...... the accused‑petitioner by his order dated 10‑9­-2001 to show cause as to why search warrant under section 98 of the Code of Criminal Procedure should not be issued, fixing on 22‑10‑2001 for hearing in the matter (Annexure B). The complainant also filed Family Suit No. 56 of 2001 for dowry,..

Category: Criminal Law | Date: | Hits: 49

Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)

....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......witness. The witness was examined on that date and the defence cross-examined the witness. Thereafter, the accused persons were also examined under section 342 of the Cr.P.C. and a date was fixed for hearing arguments. In the aforesaid background, this revision is filed. 5. At the time of hearing..

Category: Criminal Law | Date: | Hits: 60

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

....taken on colourable exercise of power and therefore, the Rule merits consideration. 5. Mr. MA Azim Khair, the learned Deputy Attorney‑General appearing on behalf of the respondent No.1, raises a preliminary objection as to the maintainability of the writ petition and submits that the impugned o....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..

Category: Criminal Law | Date: | Hits: 63

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......ner then submits that under section 265C of the Code of Criminal Procedure the mandatory duty of the trial Court is to consider the record of the case and documents submitted therewith and then after hearing the parties if he considers that there is no sufficient ground for proceeding against any ac..

Category: Criminal Law | Date: | Hits: 82

Mohammad Syed Vs. State, 2004, 33 CLC (HCD)

....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ....../471/109 of the Penal Code on 5‑12-­2003. The accused-petitioner during investigation filed a petition before the learned Metropolitan Magistrate to give Jimma of the truck in his favour and after hearing the learned Metropolitan Magistrate gave the truck in his Jimma on 9‑10­-2002 and subsequ..

Category: Criminal Law | Date: | Hits: 45

Rezia Khatun Vs. State, 2004, 33 CLC (HCD)

....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......amily Laws Ordinance, 1961. During trial before the Magistrate 1st Class, Mymensingh, the opposite party No.1 pleaded not guilty with the assertion that he did not marry for the 2nd time. 3. After hearing of the parties and considering the evidence, the learned Magistrate convicted the opposite p..

Category: Criminal Law | Date: | Hits: 39

Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)

....ecial Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. Facts, in short, of the case are that, after holding preliminary enquiry by Bureau of Anticorruption one Selina Akhter, Inspector District Anticorruption......ned the length of service has been removed by Ordinance III of 1987. In view of the notification quoted above this objection raised by the petitioner falls through. 7. At the end of the hearing through a supplementary affidavit filed today it is argued that the petitioner being a Publi..

Category: Criminal Law | Date: | Hits: 56

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ...... He denied the suggestion put forward by defence that his father got no capacity to talk after the bullets pierced his body. 14. PW2 Mojibur Rahman Kha is a neighbour of deceased Ismail Kha. He on hearing shouting from the house of deceased Ismail Kha rushed there. He made a halt on hearing a fir..

Category: Criminal Law | Date: | Hits: 54

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......arned Advocate was allowed to appear in the case and have submission with learned Attorney‑General or Deputy Attorney­ General or Assistant Attorney‑General representing the State at the time of hearing of Criminal Miscellaneous Case. 36. Informant Syeda Tania, although was not made an oppos..

Category: Criminal Law | Date: | Hits: 79

Mukit and others Vs. State, 2011, 40 CLC (AD)

....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......Laich Uddin (P.W.1), the informant, resisted him. At that time accused Babul inflicted a blow with ballom on his chest. Salu inflicted a dao blow on the hand of Maruf Uddin (P.W.5), the informant. On hearing cries, it is alleged, other witnesses approached to the place of occurrence and then the pet..

Category: Criminal Law | Date: | Hits: 49

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......ed Writ Petition No. 3832 of 1992 challenging the order of conviction and sentence passed by the Special Martial Law Court No.4 in Special Martial Law Case No.24 of 1983. The High Court Division upon hearing the parties made the Rule absolute vide Judgment dated 21-4-1994 on the ground that the tria..

Category: Criminal Law | Date: | Hits: 56

Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)

....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42....... ad-interim bail. 2. It appears that over the demand of dowry the victim, who is wife of the petitioner No.1, was assaulted by the accused. 3. Learned Advocate for the informant, at the time of hearing of the Rule, submitted that since charge-sheet has been submitted after investigation by the..

Category: Criminal Law | Date: | Hits: 33

Harun and others Vs. State, 1998, 27 CLC (HCD)

....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33....... the bail to the accused-petitioner of the said case having arisen out of a murder case which led to Session Case No. 450 of 1997 under sections 302/34/109 of the Penal Code are taken up together for hearing and the same are being disposed of by this common judgment. 2. Criminal Miscellaneous Cas..

Category: Criminal Law | Date: | Hits: 65

State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)

.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......he case on 5th November, 2009 who unsuccessfully moved the learned Metropolitan Sessions Judge, Dhaka and thereafter the High Court Division for bail. A Division Bench of the High Court Division upon hearing the parties by the impugned order enlarged him on bail on the reasonings that "he has been i..

Category: Criminal Law | Date: | Hits: 50

State Vs. Babul Miah, 2010, 39 CLC (AD)

....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......a till 3.45 a.m. they went to Dhan Miah's shop and Jabber wanted to take away the tape recorder from the shop when Dhan Miah prevented telling that he would disclose this fact to his Mama (P.W.1). On hearing these words, Jabber pressed the neck of Dhan Miah and caused him to lie down on the kot and ..

Category: Criminal Law | Date: | Hits: 58