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Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......bout the incident. He then went to the Medical College Hospital at Mymensingh. P.W.1 told him about the incident. P.W. 7 Raijuddin who was working in his wheat-field rushed to the place of occurrence hearing an alarm and found Yasin lying with a grievous hurt. He heard from Saiman Nessa, the wife of..Category: Criminal Law | Date: | Hits: 53
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....ved into action and visited the place of occurrence, seized alamats, investigated the case and submitted charge sheet against these respondents and others. A competent Magistrate after holding the preliminary enquiry under Chapter XVIII of the Criminal Procedure Code committed 37 persons includi......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......nd he has vital interest in her release and he being the husband of the detenue, is entitled to get her in his custody after release. 3. The learned Judges of the High Court Division after hearing the parties and perusing the affidavits rejected the appellant's prayer holding that on the..Category: Criminal Law | Date: | Hits: 58
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ...... on which the said hotel stands. 3. Having come to know of the illegal issuance of the demand note the appellant moved the Sub-Zonal Martial Law Administrator, Chittagong, who after hearing the parties directed the 2nd party respondent to hand over the possession of the hotel of ..Category: Criminal Law | Date: | Hits: 75
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......occurrence of actual assault of deceased Dilara. was seen by her younger sister PW 2 Most. Rowshan Ara @ Mina who was also reading along with the deceased in that room at the time of occurrence. On hearing the alarm of the deceased and her younger sister, PW 3 Most. Rabeya Khatun, the mother of ..Category: Criminal Law | Date: | Hits: 58
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....lice station was appointed the receiver thereof. 4. The Second party‑respondent filed a written objection and on 18.1.88 he moved the learned Magistrate for review of the preliminary order dated 5.10.87 which was rejected after bearing on 18.1.88. He did not take any fu...... said industrial plot No. 170 (north). The husband and children of the first party‑appellant are defendants in the said suit and they are under an order of ad‑interim injunction pending hearing of the temporary injunction matter. The said defendants filed written objection on 25.7.87..Category: Criminal Law | Date: | Hits: 54
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ..Category: Criminal Law | Date: | Hits: 37
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......n the path‑way. From there the deceased was dragged inside the house of appellant No. 3 Salem Howlader while PWs 2 and 3 tried in vain to save the deceased from the hands of the accused persons. On hearing hue and cry of the informant and others present in the place of occurrence, PW 6, father of ..Category: Criminal Law | Date: | Hits: 51
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......his way to Changutia hat; accused Shamsher gave him first hand blows as a result of which his two front teeth were knocked out and when the Informant and his cousin, Shamsher Khan, went to the spot hearing hue and cry, they both were assaulted by accused Kawser and Julfikar with lathis. The Info..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......and and other accused dealt him lathi, rod and roller blows. As Moniruddin intervened; he was also assaulted by he accused. P.W.3 Jaliluddin and P.W.6 Chand Mia who were nearby saw the occurrence. On hearing hue and cry other P.Ws. came and found Fakir lying injured under the tamarind tree. He rep..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......e High Court Division and obtained a rule sometime in the middle of March 1988. Further proceeding of Sessions Case No.5 of 1987 has been stayed in consequence of the said rule which is pending for hearing. It appears from the impugned order of the High Court Division that Amir Hossain after obtai..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......r the learned Judge ought to have passed and which is always usually passed in such cases was to direct the appellants to surrender within a certain time before taking up the petition of appeal for hearing. If after grant of reasonable time for the said purpose, the appellants failed to surrender ..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ised power, granting bail on some reasonable condition. He has submitted that the Court while granting bail to an accused-person who is likely to leave the country before conclusion of his trial or hearing of his appeal may direct that his Passport, if any, may be surrendered to the Court or to ..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....instant case involving an offence under sections 302/34 Penal Code, which is exclusively triable by a Court of Session, and when the Magistrate inspite of sufficient materials revealed during the preliminary enquiry under s. 202 Cr.P.C., dismissed the complaint on two occasions, the Sessions J......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ...... her father which pierced through his right chest and abdomen. 5. Md. Wazed Ali (P.W.1) son of the deceased was in the field at that time near the pump machine intervened by 8/10 plots of land. On hearing the sound of gunfire and die alarm raised by the inmates of the house Wazed Ali came home an..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....offence referred to in section 195, sub-section (1), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, record a finding to that effect and make a co...... have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided." 5. As appears clearly, provisions in S.19..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......als. 5. Though leave was granted to consider the question of omission of the names in the F.I.R. and subsequent mentioning of the names by P.W.2 Mominul Huq whether would have any effect but while hearing the appeal the entire evidence was scanned by this Court and a view has been taken by my bro..Category: Criminal Law | Date: | Hits: 61
Category: Criminal Law | Date: | Hits: 88
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ......trict and Sessions Judge should be included as his working days as well. But the Order-sheet of the trial Judge shows that as he was in-charge of the District and Sessions Judge on the date fixed for hearing he did not sit in this Court to try this case. Whereupon the witnesses went away. This clear..Category: Criminal Law | Date: | Hits: 52
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. ......68) on 16.3.68 but he declined. The I.O. further stated that on 15.3.68 he engaged sources to ascertain whether the story of murder was genuine or not. The I.O. said that in the night of 19.3.68 upon hearing from Saimuddin he started for Char Khidirpur for the recovery of the dead body of Jamshed. T..Category: Criminal Law | Date: | Hits: 55