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State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....he minimum age of criminal capacity of such children; to incorporate diversion of cases away from formal Court procedure as a central feature of the process; to establish assessment of children and a preliminary inquiry as compulsory procedures; to provide that children must be tried in child justic......ction 6(2) of the Ain. Cognisance was taken by the Judge of the Nari-o-Shishu Nirjatan Daman Bishesh Adalat and Sessions Judge, Jhenaidah. By his order dated 22-1-2001, upon taking evidence and after hearing submissions with regard to the age of the accused, the learned Sessions Judge came to a find..

Category: Criminal Law | Date: | Hits: 167

Abul Kalam Vs. State, 2005, 34 CLC (HCD)

....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......randha. His nephew Munsur reported the incident to the Police, his daughter Joynur was killed by the accused. In cross examination he denied the suggestion that his son-in-law came to his house after hearing the incident of death and he was deposing falsely. 15. PW 9, ASI Sree Mukul Chandra Das d..

Category: Criminal Law | Date: | Hits: 40

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

....nesses. On their alarm Iman Ali, Abdul Hye, Suruj. Monu and others rushed to the spot and accused departed from there. The injured were sent to the Sherpur Health Complex wherein the doctor gave them preliminary treatment. Subsequently, injured Abdul Barek was shifted to the Mohammad Ali Hospital in...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...

Category: Criminal Law | Date: | Hits: 44

Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)

....ation made above. 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: 59 DLR (2007) 23. ......l No. 1, registered the case as Nari-o-Shishu Nirjatan Daman Case No.89 of 2003. Meanwhile the victims filed Naraji Petition against the police report. Ultimately, the case was fixed on 16-6-2003 for hearing over Naraji Petition and for taking cognisance. But before taking cognisance the tribunal by..

Category: Criminal Law | Date: | Hits: 33

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......hen 3/4 unknown persons entered into their kitchen from the south side and threw acid on the face of victim Beauty which caused serious burn injuries on her face, eyes and other parts of the body. On hearing hue and cry, neighbours namely, Tarun, Bulbul, Kartic Master, Babar Ali, Haradhan Ghosh, Bar..

Category: Criminal Law | Date: | Hits: 45

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......7 for condonation of delay of 4132 days in filing the appeal. On the basis of this application under section 5 of the Limitation Act, Rule was issued on 12-7-2005 and the matter has been taken up for hearing. 7. Heard the learned Advocate appearing on behalf of the petitioner and the learned ..

Category: Criminal Law | Date: | Hits: 31

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......g No. 1574 of 1999 before the learned Metropolitan Sessions Judge, Dhaka. On transfer, the appeal was heard and disposed of by the learned Metropolitan Additional Sessions Judge, Court No. 2, who, on hearing, dismissed the appeal and affirmed the judgment and order dated 10-10-1999 passed by the lea..

Category: Criminal Law | Date: | Hits: 41

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....itted charge-sheet against the ac­cused persons including these two appellants under sections 147/148/448/302 of the Penal Code. 4. Mr. S. Islam, Magistrate, 1st Class, Chuadan­ga then held the preliminary inquiry and committed the 6 accused persons to the Court of Sessions to stand their tria......part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...

Category: Criminal Law | Date: | Hits: 52

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

.... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......nown assailants and the accused have been falsely implicated in the case out of previous enmity and grudge. 6. The learned Additional Sessions Judge on ap­preciation of the evidence on record and hearing the parties was pleased to find accused Badsha Mollah guilty under section 302 of the Penal ..

Category: Criminal Law | Date: | Hits: 42

Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)

....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......sonment for 6 months. The petitioner's appeal against the order of conviction and sentence before the Sessions Judge, Chittagong, failed on contest and the order appealed was confirmed. 5. At the hearing of this Rule no one appears in support of the Rule. Mr. Mostafa Kamal Pasha, however, appear..

Category: Criminal Law | Date: | Hits: 26

Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)

....various serious allegations and reports against the petitioner were received by the University authority and several committees were formed headed by different Professors of the University to conduct preliminary investigations into the allegations in all of which the petitioner was given the opportu......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31...

Category: Criminal Law | Date: | Hits: 74

Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)

....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......l of the case and as such it is hit by section 339-C of the Code of Criminal Procedure and hence the proceeding of the case must be stopped and the accused-petitioners should be released. 3. After hearing the learned Advocates of both the sides the learned Additional Sessions Judge came to the fi..

Category: Criminal Law | Date: | Hits: 24

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......as challenged. From the judgment it appears that Shubhra was first detained under the Special Powers Act and the order of detention was challenged in the High Court Division in a writ petition. After hearing the High Court Division made the Rule absolute, declared the detention illegal and directed ..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......me Jail Appeals are awaiting disposal and it is appreciated that this court has arranged for disposal of those Jail Appeals expeditiously. 9. It appears that a Suo Moto Order No. 248 of 2003 after hearing the petitioner and the learned Attorney-General was passed with the following directions- ..

Category: Criminal Law | Date: | Hits: 45

Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)

....agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402....... convince us on this point, and finds it difficult to confront the argument advanced for the accuse petitioner. Therefore, we are of the view that the matter should be sent back to the Magistrate for hearing the matter under section 241A of CrPC again specifically on the point that whether the inves..

Category: Criminal Law | Date: | Hits: 34

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......ion might have been subsequently added to the tape. The application was allowed and on his production the tape was played in my chamber in his presence and in the presence of all other lawyers. On hearing the tape he agreed that it is his voice and he had that talk with the judge. Thereafter, be..

Category: Criminal Law | Date: | Hits: 130

Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)

....r arrived at a cor­rect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......tion for Leave to Appeal before this Court. 8. Mr. Md. Khurshid Alam Khan, the earned Advocate appearing on behalf of he petitioner submits that the learned fudges of the High Court Division after hearing the parties without calling the record of the case summarily rejected the application under ..

Category: Criminal Law | Date: | Hits: 56

Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)

....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......e accused-petitioner and recommending him to discharge from the Case. The informant-opposite-party filed a Naraji Petition against the same before the learned Magistrate and the learned Magistrate on hearing the said Naraji Petition rejected the same by his impugned order dated 2-12-98. Thereafter, ..

Category: Criminal Law | Date: | Hits: 40

Abdul Kader @ Kada 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: VII ADC (2010) 531. ......ide the hut wherein incident took place and culminated in the murder of the Mohammad All, husband of the P.W.2 and that by the persons, who are the inmates of the homestead of the deceased, came upon hearing cry from the hut of the deceased. These witnesses i.e. P.W.s 1, 4 and 10 are the natural wit..

Category: Criminal Law | Date: | Hits: 57

Abul Hossain Vs. State, 2008, 37 CLC (AD)

.... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......ing the accused-appel­lant being charge sheet No.419, dated 13-11-2001 under sections 302/201/34 of the Penal Code. 8. Thereafter, the learned Additional Sessions judge, 2nd Court, Noakhali after hearing the parties, examining the said F.I.R. Charge Sheet and other papers framed the charge again..

Category: Criminal Law | Date: | Hits: 45