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Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......smuggling between Bangladesh and India and they also disclosed that Anisur, Giasuddin and Rustom Ali were also involved with the smuggling. On 5-10-1990 they smuggled Indian currency and on 6-10-1990 accused Moniruzzaman alias Tusar. Abbas Ali and Anisur Rahman distributed the said Indian currency a..

Category: Criminal Law | Date: | Hits: 84

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......sp; The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247   If the complainant took time in several occasions intentionally for dila­tory tactics in order to harass the accused and to pro­long the case, the Magistrate should use his discretion in refusing to entertain..

Category: Procedural Law | Date: | Hits: 94

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......ate, Gazipur. The case was pending for a long period of 4 years at Gazipur and ultimately the Additional District Magistrate, Gazipur passed an order on 18.7.85 holding the sale deed in favour of the accused petitioners forged and fabricated, finding the petitioners guilty under sec­tion 467 of the..

Category: Procedural Law | Date: | Hits: 111

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......der on similar ground. This indiscriminate use of Special Powers Act for preventive detention by the executive author­ity leads one to the conclusion that this detention or­der is served so that an accused in a specific case may not come out from custody if granted bail. On our query, the learned ..

Category: Criminal Law | Date: | Hits: 66

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

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......li Sikder under sections 302/34 of the Penal Code in Sessions Case No.81 of 1999 together with Criminal Appeal Nos.1211 of 2000, 1281 of 2000 preferred by the condemned prisoner Ershad Ali Sikder and accused appellants Farooq alias Jamai Farooq, Idris Ali, Moti, Md. Alam alias Franch Alam and Jalil ..

Category: Criminal Law | Date: | Hits: 110

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

....d charge against the accused under sections 323/326 and 448 of the Penal Code. The charge was read out to the accused to which they pleaded not guilty. Accused Daud, the accused-petitioner herein was absconding and charge was framed against him in his absence. It appears that in course of trial the ......y was condoned by this Court on 10.5.2009. 3. The facts necessary for the disposal of the present revision and as presented by the prosecution may be set out at this stage. 4. On 06.10.2003 the accused-petitioner along with 20 others armed with deadly weapons formed an unlawful assembly and br..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......ithout lawful authority, (iii) why the Respondents should not be directed to hold a fresh inquiry as required by section 44 of the Act in relation to the serious allegations of misconduct against the accused teacher of subjecting the victims-complainants to sexual harassment, and (iv) why Respondent..

Category: Employment/Service Law | Date: | Hits: 169

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... Accused Petitioners. Bashir Ahmed, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.3562 of 2005. Judgment Md. Moinul Islam Chowdhury J.- At the instance of the accused petitioner this rule was issued calling upon the opposite parties to show case as to why the..

Category: Criminal Law | Date: | Hits: 102

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......al fabric of the testimony delivered………………18 Testimony of eye-witness when can­not be doubted Testimony of eye-witness can­not be doubted where no allegation of enmity against the accused is alleged or reason for false im­plication given…………………19 Credibility of ..

Category: Criminal Law | Date: | Hits: 118

Arshad and others Vs. State and another, 2010, 39 CLC (HCD)

....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......olute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247, 248, 249, 403 and 561A Whether a complaint case previously instituted on the self same allegations against the same accused, and the accused petitioners having been acquitted under section 248 Cr.P.C. on the basis of..

Category: Procedural Law | Date: | Hits: 108

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

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......yrne Vs. Kinematograph Renters Society Ltd. 1958‑2 All ER 579, Lord Harman J observed: "What, then, are the requirements of natural justice in a case of this kind? First, I think that the person accused should know the nature of the accusation made: secondly, that he should be given an opportun..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... a case which relates to the offences as mentioned in the section and pending for trial in the Courts as mentioned in the section may be transferred by the Government to a Tribunal………(14) An accused whose case is transferred to the Druto Bichar Tribunal as constituted under the Druto Bichar..

Category: Criminal Law | Date: | Hits: 177

Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)

....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......esses they searched the room owned by Mofizuddin Sarder located at Teghoria Bazar and few products namely Apsil DS, Teste Hazmi, Teste Isubgul, Teste Saline, Oral Saline etc. where found and that the accused could not show any paper and no chemist were found in the factory and that only one half edu..

Category: Procedural Law | Date: | Hits: 142

Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)

.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... 2. Necessary facts for the purpose of disposal of this Rule is that opposite party No.1 as complainant filed a petition of complaint under section 138 of the Negotiable Instruments Act against the accused petitioners alleging, inter alia, that he is an Accountant in the office of Dr. Engineer Md...

Category: Civil Law | Date: | Hits: 163

Nadira Alam Vs. State, 2010, 39 CLC (HCD)

.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......8 of the Negotiable Instruments Act, before the cognizance Court No.1, Cox's Bazar against the petitioner alleging, inter alia, that the complainant took rent four Cargo Biman for six months from the accused and paid taka 83,00,000 (eighthly three lakhs) only to the accused: that the accused did not..

Category: Criminal Law | Date: | Hits: 134

Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)

....e of service of summons or any execution of warrant or return or report as they were granted bail earlier. Upon such finding it was held therein that, "So, even if the ac­cused were considered to be absconding because of their absence still it was obligatory to publish in of­ficial Gazette a direc......ot be arrested and produced for trial and as there was no immediate prospect of arresting him the learned Magistrate only by Gazette Notification as envisaged in section 339B (1) Cr.P.C. directed the accused pe­titioner to appear before him by 16.6.85. But there was no publication of the said order..

Category: Criminal Law | Date: | Hits: 110

Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)

....ail bond. 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: 13 MLR (HCD) (2008) 155. ......tnesses in the sense that they are concerned in the success of the case and their evidence must be tested in the same way as the evidence of other interested witnesses. So it is unsafe to convict the accused relying on the evidence of police personnel interested in the prosecution case................

Category: Criminal Law | Date: | Hits: 103

Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....nment for life in Sessions Case No.20 of 1988 by the judgment and order dated 31‑5‑1989. 4. On 11‑6‑97 an application was moved before the learned Sessions Judge stating that he is not the absconding accused who was tried in absentia in the aforesaid Sessions Case No.20 of 1988 by produci......ife in Sessions Case No.20 of 1988 by the judgment and order dated 31‑5‑1989. 4. On 11‑6‑97 an application was moved before the learned Sessions Judge stating that he is not the absconding accused who was tried in absentia in the aforesaid Sessions Case No.20 of 1988 by producing certific..

Category: Criminal Law | Date: | Hits: 88

Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)

....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......ner. Not Represented ‑ For the State. Criminal Miscellaneous Case No. 2529 of 1997. Judgment Md. Nurul Islam J.- By this application under section 561A of the Code of Criminal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by..

Category: Criminal Law | Date: | Hits: 89

Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)

....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......ioned Miscellaneous Case under section 561A of the Code of Criminal Procedure which was rejected by this Bench as none was turned up on repeated call to press the application on 11-12-2011. 2. The accused petitioner filed an application under section 561A of the Code of Criminal Procedure to quas..

Category: Procedural Law | Date: | Hits: 167