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Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ...... 2008 (South) before the Chief Metropolitan Magistrate, Dhaka complaining the commission of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881) by the accused-petitioner. 3. In CR Case No.4131 of 2008, it was alleged that the accused-petitioner i..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ...... the effect: "The learned counsel for the petitioner submitted that the institution of the aforesaid CR Case before the expiry of 30(thirty) days from the receipt of the legal notice by the accused respondent is nothing but a premature institution and before the High Court Division it..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ...... judgment and order dated 01.07.2002 passed by the Division Bench of the High Court Division in Criminal Appeal No.303 of 1987 (Dhaka) allowing the appeal in part with modification of the sentence of accused appellant Mati alias Md. Matiar Rahman to suffer rigorous imprisonment for 20 (twenty) years..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......l the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this constriction, question of benefit of doubt favors the accused It is undoubtedly the duty of the prosecution in a case involving capital s..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......sp; June 17, 2013. Result: This petition is disposed of with observations. Discretionary power of the High Court Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......ullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal is allowed. Questions of Facts Whether notice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himself, all these ar..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......ction 138 of the Act." vide Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 176=21 BLT (AD) 234 .................................(7) So far as the pendency of the criminal case filed by the accused against the complainant about the cheques in question is concerned, the operation of section..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ...... persons assaulted his mother causing bleeding injury on her right leg and outraged her modesty and they looted valuable goods worth Tk. 5,000/-and when on hearing alarm, the villagers arrived the accused persons (Appellants) fled away. 3. Upon filing of the case and the examination of the ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... Criminal Miscellaneous Case No. 34783 of 2011 Judgment M Enayetur Rahim J.— This Rule, on an application under section 561A of the Code of Criminal Procedure at the instance of the accused-petitioner, was issued calling upon the opposite-party to show cause as to why the proc..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......ase No. 57 of 2002 arising out of Chunarughat PS Case No.30 dated 31-10-2001. 2. The prosecution case, in brief, is that on 30-10-2001 corresponding to 16th Kartik, 1408 at about 10-00 AM the accused Maku Rabi Das came in the hut of the deceased Nainaka Rabi Das with a request to give him t..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ...... with section 5(2) of the Prevention of Corruption Act, 1947. 2. In fact, all these Rules under article 102 (2)(a)(ii) of the Constitution of the People's Republic of Bangladesh filed by the accused-petitioners challenging the order of sanction for prosecution of the accused-perso..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ...... missing. Salahuddin Chowdhury (P.W.1) as informant lodged the First Information Report (FIR) with Mohammadpur PS narrating the occurrence of murder of his mother and sister, without naming anyone as accused, but stating that the maid servant Romana was not found in the house. Accordingly, Moha..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......The supplementary affidavits do form part of these applications. 2. These Rules were issued in the above numbered criminal Miscellaneous Cases upon 4(four) separate applications filed by 4(four) accused petitioners challenging the proceeding of Special Case No. 56 of 2003 (formerly Metropolitan..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ...... Criminal Miscellaneous case No. 30323 of 2010 Judgment Siddiqur Rahman Miah J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioners, calling upon the opposite-party to show cause as to why the proceedings of GR c..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......lip;……Opposite-Parties Judgment February 10, 2013. Result: The Rule is discharged. Accused shall rebut presumption Under the provisions of section 27(2) an accused shall have to rebut presumption about the allegation and explain his position regarding the ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......rty No. 2. Criminal Miscellaneous Case No. 3558 of 2009. Judgment Md. Nazrul Islam Talukder J.- On an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......llip;…Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets, even i..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......inal Revision No.01 of 2013. M Enayetur Rahim J.— This matter has been sent to this Bench for disposal by the Hon'ble Chief Justice. 33. Supplementary-affidavit filed by the accused-petitioner does form part of the main application. 34. By filing this application under..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......ng out of Kotwali Thana Case No.50(11) of 2007 under sections 420/467/468/471/385/109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Cou..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......ment January 9, 2013. Result: The appeal is allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has t..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10