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Displaying 661-680 of 737 results.
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......ecution case of alleged killing of Jamshed by the followers of Musa Sarkar pursuant to an order allegedly passed by him. It has been noticed that although Jamshed and others were allegedly taken into custody by the alleged gang of the accused in the afternoon nothing was done to them until the leade..Category: Criminal Law | Date: | Hits: 55
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....Respondent, Criminal Appeal No. 29 of 1986 (From the Judgment and order dated 11.2. 86 passed by the High Court Division, Circuit Bench, Jessore, in Death Reference No.9 of 983 with Jail Appeal No. 94 of 1983 and Criminal Appeal No. 93 of 1983.) Judgment: ......in the same way in court. 8. Mr. Serajul Huq has tried to bring this confessional statement within the mischief of sections 25 and 26 of the Evidence Act which make any confession to, or in custody of, a police officer inadmissible. After Nausher was caught and detained in the shop of To..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......om the evidence on record it appears that the alleged victims, Khijir, Bhola and Keru, were notorious thieves and bad characters of the locality and that Khijir was put into custody on occasions in proceedings under section 110 Cr. P.C. which are generally known as Bad Liv..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....spondents. Criminal Appeal No. 16 of 1985. (From the judgment and order dated 17.11.1983 passed by the High Court Division, Comilla Bench, in Criminal (death) Reference No.1(C) of 1982 and Jail and Filed Appeal No. 40(C) of 1982). Judgment Fazle Munim CJ. - I have gone through the ...... 'Kabiruddin made a confessional statement before a Magistrate on 19.5.76. Accused Lalu was arrested on 38.6.76. He was also produced before a Magistrate on 30.6.76. Lalu was remanded to the police custody and on 5.7.76 also made a confessional statement before a Magistrate. Police after invest..Category: Criminal Law | Date: | Hits: 124
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......house, which was claimed by the accused. The removal of some doors and windows, of that tin shed house have given rise to the prosecution under section 379 B.P.C. and these doors and windows are in custody, of the police and the Courts below have directed the police to return the doors and windows..Category: Criminal Law | Date: | Hits: 53
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......ge used in Article 102 (2)(b)(i) of the Constitution and contended that as the jurisdiction of the High Court Division to satisfy itself whether the person concerned "is not being held in custody without lawful authority or an unlawful manner" depends on the contingencies that he s..Category: Criminal Law | Date: | Hits: 85
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......e grant of bail to persons convicted of offences under the two Orders. The provision of Article 10 of P.O. 50 is as follows: "Notwithstanding anything contained in the Code, no person who is in custody, accused or convicted of a scheduled offence shall be released on bail." 2. The term "the..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ...... the immediate arrest of such person the Magistrate may at any time issue a warrant for his arrest''; if such person is already present before the Magistrate, it is obvious, he may be put into custody. But the provision of section 112 shall be followed even in such a case of emergency ..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......stated therein that the Government did not realise any sale proceeds from the sale of the seized gold. In the absence of mint facility in the country the seized articles were only kept in the custody of the Bangladesh Bank, which acted only as the safe custodian and the Bank did not realise..Category: Criminal Law | Date: | Hits: 171
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ...... Tribunal (or the Special Magistrate) by the Public Prosecutor that such an appeal is being filed, the person in respect of whom the order of acquittal was passed shall continue to remain in custody. (3) The period of limitation for an appeal under clause (1) shall be (s..Category: Criminal Law | Date: | Hits: 40
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....paragraph 7 that three days later, on 29-11-1976 the appellant was arrested from his village home at Doshpar where he had gone for performing Eid and he was brought to Dacca and lodged in the Central Jail. It is stated: ''This action was taken simultaneously with the assumption of the office of ......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
.... inverted commas above, refers to the appellant or to his counsel or to either of them. In a Full Bench case of Allahabad High Court, which was a case of an appeal received from the appellant through Jail, reported as I.L.R. Vol. 13 Allahabad 171, the majority of the Judges, Mr. Justice Mahmood diss......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......e file summoned there and no proceedings could take place upto 9-10-1970 as the file was not received back till that date. Finally, two of the accused, namely, Abdus Sattar and Sadiq, who were in custody, decamped on 9-1-1971 and have not yet been apprehended. 11. Had the learned Judge examin..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......% of the fine imposed and thereafter the order of detention was passed. From the judgment of the High Court Division it appears that it is in the back of mind of the Judges that a person who was in custody of the State as a prisoner cannot be a factor for deterioration of law and order if he com..Category: Criminal Law | Date: | Hits: 66
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... through the available materials and it appears that the writ petition was moved with a prayer for issuing Rule upon the respondents to show cause as to why the detenu now detained in Dhaka Central Jail should not be brought before the Court so that it can satisfy itself that the detenu is not be......e. To ascertain whether the accused was subjected to any torture as alleged it is necessary to obtain a statement from the investigation officer who took the accused on remand and kept him in his custody for the purpose of interrogation for more than five days for about seven days. So he must ..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....ection 374 of the Code of Criminal Procedure for confirmation and at the same time the condemned prisoners Giasuddin and Jamal Uddin alias Abullah preferred Criminal Appeal No. 597 of 1994 and also Jail Appeal No.774 with Death Reference together, and by judgment dated 30th January, 1997 accepte......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... 1, 2001. The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstanc..Category: Criminal Law | Date: | Hits: 52
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....tion for Leave to Appeal No. 127 of 2001. (From the judgment and order dated 27th 2001 passed by the High Court Division in Death Reference No. 23 of 1997 with Criminal Appeal No. 2062 of 1997 and Jail Appeal No. 2249 of 1997). Judgment Md. Fazlul Karim J.- This criminal petition for leave......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
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