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Abul Khair and others Vs. State, 2006, 35 CLC (HCD)

....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......ion Act, 1947 and sentencing each of them to suffer rigorous imprisonment for 15 years and to pay a fine of Taka 14,00,000 only each in default to suffer rigorous imprisonment for 3 years. 3. The prosecution case, in short, as it appears from the first information report is that Abu Md. Arif Sid..

Category: Criminal Law | Date: | Hits: 53

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......endant No. 1 for 'Borga' cultivation. When defendant No. 1 refused to give 'Borga' share to the plaintiffs, they started CR Case being No. 17 of 1988 in the local Upazila Magistrate Court. During the prosecution of the case, defendant No. 1 declared that he had title and possession in the suit land,..

Category: Property Law | Date: | Hits: 79

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......nt May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the pro..

Category: Criminal Law | Date: | Hits: 70

Solaman Vs. State, 2005, 34 CLC (HCD)

..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ...... the petitioner on bail, since then the petitioner was absconding and charge was framed in absentia of the petitioner on 16-11-1999 under section 19(a) of the Arms Act. 6. At the time of trial the prosecution examined 8 witnesses and the defence examined none. After hearing the learned Advocate o..

Category: Criminal Law | Date: | Hits: 53

Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)

....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......accused, he was compelled to take photograph with a lady and it is further alleged that accused persons fled away from the place of occurrence and two of them were apprehended by the local people but prosecution was kept mum about the lady with whom the informant was forced to take photograph and ab..

Category: Criminal Law | Date: | Hits: 65

Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)

....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......in absentia and convicted and sentenced as above. The present appeal is against the said judgment and order of conviction and sentence at the instance of the convict-appellant Abdus Sattar. 2. The prosecution case, as it is revealed from the first information report lodged by the informant Milon ..

Category: Criminal Law | Date: | Hits: 59

Jalaluddin Vs. State, 2006, 35 CLC (HCD)

....h any other offence. 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: 58 DLR (2006) 410.......sions Judge, 4th Court, Mymensingh in Session Case No. 66 of 2002 convicting the appellant under Part-II of section 314 of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case, in brief, is that deceased Sarifa Akter, wife of Md Rafiqul Islam (PW 2) was carry..

Category: Criminal Law | Date: | Hits: 55

Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)

....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393....... default, to suffer rigorous imprisonment for one year more. 2. On perusal of the record, we have noticed that pursuant to a police report submitted under section 173, Cr.P.C. recommending for the prosecution of the appellant under section 304 of the Penal Code, the learned Sessions Judge receive..

Category: Criminal Law | Date: | Hits: 51

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ...... Togar also filed Jail Appeal No. 849 of 2003. 5. The Death Reference, the Criminal Appeals and the Jail Appeal are heard together and disposed of by this common judgment. 6. The essence of the prosecution case is that on 8-6-2002, at about 12-50 PM while on her way to girls' hostel, Sabekun N..

Category: Criminal Law | Date: | Hits: 236

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......pellant under section 304 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 5000, in default, to suffer rigorous imprisonment for one year. 2. The prosecution case, in a nutshell, may be stated as follows: 3. The accused-appellant Md. Abdul Maz..

Category: Criminal Law | Date: | Hits: 93

Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)

....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......he Penal Code and each of them were sentenced to imprisonment for life and also to pay a fine of Taka 2000 in default, to suffer rigorous imprisonment for 1 (one) year more. 2. Briefly stated, the prosecution case is that on 13-5-1993, informant Sahar Ali (since dead) lodged an ejahar (first info..

Category: Criminal Law | Date: | Hits: 43

Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322....... attempt was made to settle the matter, but since no compromise was reached, the informant lodged the case. 3. After investigation and due process of trial, upon consideration of the evidence of 5 prosecution witnesses and 1 defence witness, the learned trial Judge convicted the petitioner under ..

Category: Criminal Law | Date: | Hits: 97

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......y No.1 represented by Deputy Commissioner Jenaidah to show cause as to why the impugned judgment and order dated 9-9- 2004 by Additional Sessions Judge, 1st Court Jenaidah rejecting the prayer of the prosecution of the Sessions Case 28/2001 to call the witnesses of chalan case (state case) of Sessio..

Category: Criminal Law | Date: | Hits: 41

Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)

....Rule requiring no inter­ference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......t "the respective petitioner has come forward with the statement of the witnesses recorded in a different date which are found inconsistent with each other, even with the statement, pro­duced by the prosecution with the help of the informant." In such a situation the High Court Division called for ..

Category: Criminal Law | Date: | Hits: 73

State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)

.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......sing out of Raipur PS Case No. 18 dated 29-3-1998 corresponding to GR No. 204 of 1989 convicting the appellant Md. Shahjahan under section 302 of the Penal Code and sentencing him to death. 2. The prosecution case, in short, is that on 29-3-1998 at about 12.30 noon, one baby taxi carrying cash an..

Category: Criminal Law | Date: | Hits: 96

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....ove, he suspected something unusual in the conduct of the investigating officer of the case. In view of the above, he found substance of the informant's claim that the investigating officer was not impartial who on being influenced by Mofizur Rahman had submitted the report in his favour. He observe...... in which case, he shall proceed accordingly. "265C. If upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Court considers that there is no sufficient ground for proceeding ag..

Category: Criminal Law | Date: | Hits: 49

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....w. Justice and Parliamentary Affairs made by a Martial Law order were violative to the provisions of Article 147(3) and found that the same was 'apparently violative. 152. The Constitution was partially revived on 7-3-1984 by the Martial Law Order No.1 of 1984 namely, the Constitution (Partia......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..

Category: Information Technology Law | Date: | Hits: 324

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......ted into Criminal Appeal No. 152 of 1999 against his conviction and sentence. The Death Reference and Criminal Appeal have been heard together and are being disposed of under this Judgment. 2. The prosecution case, in short, is that Ayesha Khatun alias Suma, since deceased, was given in marriage ..

Category: Criminal Law | Date: | Hits: 96

Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)

.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......l, Rajbari for trial and renumbered as Nari-O-Shishu Nirjatan Damon Case No.179 of 2005 wherein a charge was so framed against the petitioner and the trial was held inabsentia. 4. During trial the prosecution examined 13 witnesses. Considering the deposition of the prosecution witnesses and heari..

Category: Criminal Law | Date: | Hits: 57

Yusuf Mia Vs. State, 2011, 40 CLC (HCD)

....ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in:   ......41 of 2002 corresponding to Uttara P.S. Case No.55 dated 29.2.2002 under section 302/109/34/120(Ka) of the Penal Code, now pending in the Court of learned Druta Bichar Tribunal No.4, Dhaka. 2. The prosecution case, in short is that on 29.9.2002 one Hazi Mozammel Hossain lodged an FIR with the Utt..

Category: Criminal Law | Date: | Hits: 50