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State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....sed appellant made a judicial confession of his guilt before the said Magistrate on that day. After completing the investigation, the police submitted charge sheet against the accused appellant. A preliminary enquiry was held into the case by PW 11 Mr. SNH Shamsuzzaman, Magistrate, 1st Class who......ss his guilt. The accused did not complain of any torture, or threat or inducement to the Magistrate. The Magistrate PW 11 ensured that no police officer or any other person was present within the hearing and sight of the accused at the time of recording of the confessional statement. After reco..Category: Criminal Law | Date: | Hits: 62
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......sed was proceeded against on a charge under section 409 of the Penal Code under Chapter XXI of the Code of Criminal Procedure in respect of criminal breach of trust of a sum of Rs. 24.000/-. After hearing the evidence for the prosecution the Magistrate framed the charge mentioning at the end the..Category: Criminal Law | Date: | Hits: 82
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....mation Report on 12.10.65 and took up the investigation of the case. After completing the investigation he submitted charge sheet against the accused appellant. A Magistrate of the First Class held preliminary inquiry and committed the accused to the Court of Sessions. At the time of trial the p......e by stabbing herself in her throat by a dagger. Her dead body was found by him lying dead within the bamboo chegar (boundary fencing) on the western side. A dagger was found near the dead body. On hearing his cries PW 1 Tamijuddin alias Tamijuddin, Abdul Hye, Khoka, etc. came. He further added t..Category: Criminal Law | Date: | Hits: 124
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....ktar Hossain Khan were returning home on 7.9.66 the former found said Sharifunnessa and accused Golam Kader in the same bus, got them arrested and produced them at the police station. 4. A preliminary enquiry under Chapter XVIII of the Code of Criminal Procedure was held by a......Sharifunnessa is his legally married wife. 7. Two very important facts have emerged from the depositions of PWs 1 and 6. It is admitted by PW 6 that about 10/12 villagers came to the bari on hearing his shouts when his Bhabi was carried away by the accused but it appears that none of them..Category: Criminal Law | Date: | Hits: 59
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
.... havoc in the locality. PW 1 Abdun Noor lodged a First Information Report on the above allegations. The local police investigated into the case and submitted charge-sheet against the accused. After a preliminary enquiry by a competent Magistrate the accused was committed to the Court of Sessions to ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
.... the "investigation and on completion of the investigation submitted a charge sheet against these 4 accused appellants under section 302 PPC. 5. A Magistrate 1st Class, having held the preliminary enquiry, committed accused Tomiza Khatun under section 302 PPC accused Amina Khatun, So......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......0 or 21 years, some time before the occurrence which was disliked by the prisoner Abdur Rashid: 4. On Thursday the 5th Poush 1374 BS corresponding to 21st December, 1967 AD at about dawn on hearing an alarm the complainant went to the house of Yasin Sheik and found Maleka Khatun, the 2nd ..Category: Criminal Law | Date: | Hits: 154
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ...... claiming custody of the victim girl. The appellant was not made a party in the said Miscellaneous Case but upon an application filed by him he was permitted to assist the State lawyer at the time of hearing of the Rule. When the matter came up for hearing, no one appeared for the petitioner of the ..Category: Criminal Law | Date: | Hits: 71
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......for trial in respect of cases triable by a Court of sessions and by a Court of magistrate. These two sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the documents may discharge ..Category: Criminal Law | Date: | Hits: 69
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......no summons was issued as contemplated under section 247 of the Code of Criminal Procedure. Section 247 of the Code provides for issuance of summons on the accused for his appearance in the case for hearing. In view of the language of section 247 of the Code of Criminal Procedure it is clear that..Category: Criminal Law | Date: | Hits: 61
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ...... 1-6 only. 5. The prosecution case as transpired from the evidence of the informant PW 1 Abdul Mannan is that on the 20th Poush, 1388 BS corresponding to 6-1-82 at about 8-00 or 8-30 AM on hearing hue and cry of his brother PW 11 Abdus Somed he along with is brethren deceased Ahad, Azim..Category: Criminal Law | Date: | Hits: 80
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ...... admitting the Government appeal they would not interfere in the matter. Being aggrieved by the said order the appellants moved this Division and obtained leave to appeal from the said order. Upon hearing the appeal, Criminal Appeal No. 13 of 1994, we directed by order dated 5 December, 1994 tha..Category: Criminal Law | Date: | Hits: 57
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......sed to live in her father-in-law’s house. On 25-10-95 at about 8-00/9-00 AM the informant came to know that the inmates of her son-in-law’s house had set fire to her daughter Mariam. On hearing the news she started for her son-in-law’s house but on the way she heard that her dau..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......ying his report but always taking pains to state that, he was never disrespectful to the Court or to Court’s orders. 9. The High Court Division upon considering the said affidavit and hearing the appellant’s Advocate in an equally rambling and untidy judgment convicted and sen..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......Court the criminal proceedings under section 145 should he dropped. 3. It appears that the concerned Magistrate without dropping the proceeding as claimed by the 2nd party fixed a date for hearing of the matter. 4. The 2nd party then moved the High Court Division for quashing th..Category: Criminal Law | Date: | Hits: 68
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......hereafter the case was fixed for delivery of judgment on 20-8-98. On that date the judgment could not be delivered by this Division as some of the learned Advocates of this court made prayer for rehearing of the appeal. Thereafter the appeal was again heard for some lime. The judgment was delive..Category: Criminal Law | Date: | Hits: 63
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ars and that no sign of recent forceful intercourse can be detected and the victim is habituated in sexual intercourse. 5. After receipt of the Medical Reports the learned Magistrate, upon hearing the arguments of the parties and on consideration of the materials on record allowed the v..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ..Category: Criminal Law | Date: | Hits: 61
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ...... proceeding and ultimately it appears that they came to the High Court Division in 1991 for quashing of the proceeding invoking its jurisdiction under 561A of the Code of Criminal Procedure. At the hearing of the matter in the High Court Division it was argued on behalf of the respondents that th..Category: Criminal Law | Date: | Hits: 93
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......inasmuch as the Government did not make any prayer for revival as required under section 339D. 3. The petitioners were not present in the High Court Division when the matter was taken up for hearing. This petition is barred by 108 days and the delay has not been sufficiently explained. ..Category: Criminal Law | Date: | Hits: 74
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