Search Options
Judgment Advanced Search
Displaying 81-100 of 255 results.
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......re placed before the Committee. Therefore, the question is one of adequacy and not absence of evidence, and this cannot be a ground to impugn the decision of a domestic tribunal". With regard to confession it was observed: "A domestic tribunal is not bound by the Evidence Act and the express..Category: Labour and Industrial Law | Date: | Hits: 160
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....he accused were not allowed 3 hour's time for reflection and the confessional statements run counter to the prosecution case in many respects and confessional statement of accused Abul Kashem being exculpatory in nature is no confession and cannot be relied upon. He further submitted that for reco......van, recorded statements of the witnesses and accused persons under section 161 of the Code of Criminal Procedure and forwarded the accused to the Upazila Magistrate Keshabpur for recording their confessional statement under section 164 of the Code of Criminal Procedure. After investigation ..Category: Criminal Law | Date: | Hits: 147
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....a confession is said to be a statement made by an accused which must either admit in terms the offence or at any rate substantially all the facts constituting the offence. A statement containing self-exculpatory matters cannot amount to confession. From the discussion made above it is quite clear......din or that they have caused his death. 7. He submits that there is no eye-witness who could name or identify any of the accused-appellants. 8. Mr. Wahab Miah, lastly submits that the so-called confessional statement of Ahsan Ali is no confessional statement at all, it is neither inculpatory n..Category: Criminal Law | Date: | Hits: 132
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
.... the use of confession and admission is that this must either be accepted as a whole or rejected as a whole and that the Court is, not competent to accept only the inculpatory pan while rejecting the exculpatory part as inherently incredible." 26. It is also observed in the case of Naukar Mouledi......ed Lokman Miah. 4. In all 16 witnesses were examined by the prosecuting in support of the prosecution case while defence examined no witness. It has to be mentioned that accused Lokman Miah made a confessional statement on 21.9.88 before the learned magistrate which subsequently was retracted by ..Category: Criminal Law | Date: | Hits: 73
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......e, of Criminal Procedure in which all of them excepting Kohinoor admitted their guilt. It may be mentioned that after some time the accused persons filed a petition on 12.9.87 retracting from their confession in which, of course the name of the petitioner was disclosed as an accused. 6. This..Category: Criminal Law | Date: | Hits: 105
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ...... Thereafter police further investigated under section 173(3B) Cr.P.C. into the case and examined witnesses under section 161 Cr.P.C. Mr. K.G. Mondal, Metropolitan Magistrate, Dhaka recorded the confessional statement of accused Jamaluddin @ Mukul on 16.7.88 and also recorded the confessional s..Category: Criminal Law | Date: | Hits: 127
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......hat the dead body of the victim was inside the hut of Shahjahan and he did pot enter into the hut. 23. Abul Fattah, Magistrate, 1st class, was examined by the prosecution as P.W.8 who recorded the confessional statement of accused Shahajahan Mizi on 18‑11‑2000. He stated in his evidence that ..Category: Procedural Law | Date: | Hits: 118
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....Court appreciate. Therefore, this Court remains wholly unconvinced by the arguments of Mr. Salahuddin Talukder appearing for Moksed that his client's confessional statement is in effect to be read as exculpatory and that he was at best, in the facts and circumstances, a passive actor performing with......l his horrendous tale and emerged as a key witness in this case. 5. It is noted that the Condemned Prisoner Moksed was arrested on 28-9-1997 a couple of days into the lodging of the FIR and made a confessional statement the very next day on 29-9-1997. As for Badshah, he, upon his convalescence ov..Category: Criminal Law | Date: | Hits: 131
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....oor woman who had been serving in the house of deceased Hanif Sarker as maid servant and she has been made a scapegoat in this case and that in the circumstances her said confessional statement being exculpatory and involuntary in nature, no conviction can be based thereupon and as such the impugned......t of the deceased, P.W. 6 Sufia Khatun is the wife of P.W. 5, P.W. 7 Md. Monir Hossain is a neighbor of the deceased Hanif Sarker, P.W. 8 Mahmuda Khatun is a Magistrate, First Class, who recorded the confessional statements of the condemned prisoners Nazma Sarker @ Beauty and Rokeya Begum under sect..Category: Criminal Law | Date: | Hits: 98
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......nd obtained the Post Mortem Reports. He prepared four seizure lists and one query list. He visited the place of occurrence and prepared the draft sketch map with index. He took step for recording the confessional statements U/S 164 of the Code of Criminal Procedure of accused Babul, Piyas and Zamir...Category: Criminal Law | Date: | Hits: 105
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......the dead body in river Kalni having the same tied up with RCC pillars. The Inquiry Officer then arrested accused Abul Kashem and Chiranjib Roy and they confessed their guilt and on the basis of their confession the dead body was recovered at their showing in presence of witnesses. Thereafter the sai..Category: Criminal Law | Date: | Hits: 102
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....hem fled away together. 8. In addition to the above mentioned oral evidence there are confessional statements of Mosharraf Hossain and Mainuddin. (Ext.1 and 3). No doubt the said statements are exculpatory in nature but those clearly record an admission by the appellant that they along with th.......1.79. On 5.1.79 he also made a statement before the said Magistrate under section 164 CrPC (Ext. 3). Thereafter the condemned prisoner Abul Khair was arrested on 18.3.79. He confessed his guilt in a confessional statement (Ext.2) which was recorded by P.W.2 on 19.3.79. 5. On these allegations..Category: Criminal Law | Date: | Hits: 116
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......ned 19(nineteen) witnesses. The defence Cross-examined the prosecution witnesses but did not examine any defence witness. 7. The defence case of the present appellants in short is that the alleged confessional statement of convict-Abdul Hasan was not true and voluntary one and same is the outcome..Category: Criminal Law | Date: | Hits: 112
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
.... submits that the conviction under challenge is based on conjecture and surmises. He further submits that the confessional statement of the appellant Niranjan Malaker is not voluntary and the same is exculpatory in nature and as such, it is not admissible in evidence and the same cannot be the basis......e not involved in the alleged murder and they were falsely implicated in this case. 7. The learned Additional Sessions judge, on consideration of the evidence adduced by the prosecution, found the confessional statement made by the appellant Niranjan Malaker voluntary and true and on the basis of..Category: Criminal Law | Date: | Hits: 75
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......offence of murder of the deceased Ayesha Akhter in a preplanned, cold-blooded and brutal way which is supported by the evidence of disinterested and natural witnesses as well as by the extra judicial confession and inculpatory confessional statement made by the condemned prisoner which was true and ..Category: Criminal Law | Date: | Hits: 118
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....e was produced before the Magistrate for recording his confession. The statements made by Hazrat Ali and Yousuf Ali Chowkider recorded under Section 164 of the Code of Criminal Procedure appear to be exculpatory in nature and those of the rest 3 accused inculpatory in nature. In view of the above st......ocate appearing for the convict-appellants Elahi Member and Golam Mustofa submits that there is no eye-witness and also no evidence against the aforesaid appellants in this case and they also made no confessional statement in this case and that they have been falsely implicated in this case at the i..Category: Criminal Law | Date: | Hits: 93
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......e. Accused Zafar himself did not make any statement under section 164 or 342 of the Code to show complicity of the appellant in the alleged occurrence. The reference to his (Zafar’s) extra judicial confession coming out of the mouth of a hearsay witness is not a piece of evidence and cannot form t..Category: Criminal Law | Date: | Hits: 95
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......demned prisoner was taken to Narcotics Control room for interrogation and thereafter he was produced before the Magistrate and the Magistrate remanded him and on 11‑4‑1990 Condemned prisoner made confessional statement and was sent to jail custody. In cross‑examination the witnesses deposed th..Category: Criminal Law | Date: | Hits: 164
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ort as accused. 3. After completing investigation police submitted charge-sheet against the appellants and others under sections 302/380 of the Penal Code on 30-11-80. One of the co-accused made a confession implicating appellant No.1 Abdul Gafur Sarder. The confession was, however, subsequen..Category: Criminal Law | Date: | Hits: 97
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......esses came to depose in support of the prosecution case and the witnesses who deposed are interested and partisan witnesses and that the Court below illegally convicted the appellants on the basis of confessional statements of the co-accused. They further submit that the confessional statements have..Category: Criminal Law | Date: | Hits: 116
74227409739673067274726972657249724072257203717371657146708270777041702270206743