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Displaying 681-700 of 2337 results.
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ...... The complainant who is a Teacher cam-Member of the Managing Committee of Giriberchar High School of Goshairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the recei..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......Vs. The State…………………………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until it is established by the prosecution..Category: Criminal Law | Date: | Hits: 74
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......quire any protest petition to be filed as a precondition to exercise the power to order further investigation by the learned Magistrate in respect of the offence alleged to have been committed by the accused. Hence, it appears from the provision of sub section (3B) of section173 of the Code that the..Category: Criminal Law | Date: | Hits: 124
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....nvict-appellants were brought before P.W.4 when she recognized both the accused Billal and Jahirul and informed that accused Jahirul took away money from her waist and accused Billal along with other absconding accused persons took away wearing apparels after putting them in fear of assault. The v......nd from the corner of a water pump machine respectively and other miscreants managed to flee away. On being apprehended the convict-appellants were brought before P.W.4 when she recognized both the accused Billal and Jahirul and informed that accused Jahirul took away money from her waist and accu..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ...... informant, deposed that on 5-10-2004 at about 12-15 PM when he was on duty in Dhaka and Narayanganj District on getting a secret information he rushed to Khashpur Bangla Bazar area and apprehended accused Dolon from the rickshaw garage of Shah Alam and on making search on his body they recovered ..Category: Criminal Law | Date: | Hits: 99
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....ished cannot be overlooked simply because the learned Tribunal Judge did not state that he obviously accepted the statement in the charge sheet that the accused persons including the petitioners were absconding since the date of occurrence and they could not be arrested and produced before the trial......earned Tribunal Judge ordered publication of the notification in the daily newspapers as prescribed in section 11 of it indicated that the learned Tribunal Judge was mentally satisfied that the accused persons had become absconders. The word “satisfaction” need not be written before passin..Category: Criminal Law | Date: | Hits: 99
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......rate, as the case may be, meaning the Mobile Court must take cognizance of the alleged offence instantly at the spot provided the same has been committed or unfolded in his presence and convict the accused and award the prescribed sentence to him on the basis of his plea of guilty under the Ain..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......sing with 3(three)passengers towards Saidabad, they gave signal to stop the rickshaw, and then a passenger jumped from the rickshaw and ran away. The P.W.2 with the help of other force caught hold of accused Ujjal and Golam Rasul alias Mamun. On search one country-made gun was recovered from the wai..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....false case against the accuseds. The learned Advocate finally submits that if the judgment and order of conviction and sentence passed by the trial Court be set aside, the benefit may be given to the absconding accused. In support of his submissions, the learned Advocate relied on the decisions of 2......et a copy of the report excluding the statements made therein. If the report is in custody of the Court the Magistrate should allow certified copies to be given upon application made on behalf of the accused, and if not, Magistrate has power under Section 94 Cr.P.C. to call for it from the police. T..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......arding burden of proof is that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particularly those in favour of the accused should be placed before the court. It is a course not obligatory on the public Prosecutor ..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......l Momin Sarder to show cause as to why bail granted to him by this Court should not be cancelled. 2. It appears from the office note dated 16‑11‑96 that notice of the Rule was duly served upon accused‑opposite‑party Abdul Momin Sarder. In view of the same by order dated 25‑2‑98 the Ru..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......planting of incriminating articles by the police or by any other person. There are quite a number of cases where the local witnesses of search and seizure do not support the police out of fear of the accused or of their men or on being gained over or for various other reasons and depose falsely in f..Category: Criminal Law | Date: | Hits: 92
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... found some dacoits were in action to commit dacoity upon one Abdul Malek, a cloth trader. Police caught hold 3(three) person including the appellants red handed and on interrogation, the apprehended accused stated that there were 15/16 dacoits with them who managed to escape. Accordingly, First Inf..Category: Criminal Law | Date: | Hits: 86
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......hould not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that, the complainant is an organization registered under the Co-operative Societies Ordinance, 1984 and the accused petitioner is the member of the said society and she obtained loan of Taka 23,00,000/= with ..Category: Criminal Law | Date: | Hits: 70
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......-One Md. Akbor Hossain, Officer-in-charge of Louhajang Police Station, District-Munshiganj, being informant, lodged an F.I.R. with the aforesaid Police Station on 23.6.1999 at 11-05 hours against the accused-petitioner and seven others alleging, inter alia, that upon secret information he, along wit..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....Kamal Hossain alias Gundiya were present before the Court who pleaded their not guilty and claimed to be tried. Since accused Helaluddin alias Pearu, Nur Alam alias Nurul Alam, Lalu and Shaflque were absconding their answer on the charge could not be recorded. The absconding accuseds were duly defen......nfession if it is found to be true and voluntary, can indeed form the sole basis of conviction as against the maker of confession………………………….(44) Confessional statement of an accused is not substantive piece of evidence against the one who did not confess and such evidence..Category: Criminal Law | Date: | Hits: 158
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......rayed for time which was allowed fixing 12.9.84 for trial. On that date three P.Ws. were present but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C(4)Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in hi..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....statements under section 161 CrPC. After conclusion of investigation charge-sheet was submitted on 10‑6‑1992 under sections 302/34 Penal Code against accused Daud Ali and Rabi Biswas showing them absconding. Subsequently, accused surrendered before Court below and they were sent to the custody. ......e list, examined witnesses and recorded their statements under section 161 CrPC. After conclusion of investigation charge-sheet was submitted on 10‑6‑1992 under sections 302/34 Penal Code against accused Daud Ali and Rabi Biswas showing them absconding. Subsequently, accused surrendered before C..Category: Criminal Law | Date: | Hits: 93
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......39C (4) There is specified period for concluding trial of a criminal case under section 339C(4) of the Code of Criminal Procedure. If the trial of the case is not completed within 360 days, if the accused is in custody, he should be released on bail even in the case of non bailable offence unless..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......in writing signed by the presiding officer of the Court, and shall forward the same to a Magistrate, of the First Class having jurisdiction, and may take sufficient security for the appearance of the accused........"(underline added by us) (2)……………………… (3)………………..Category: Property Law | Date: | Hits: 122
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