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Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ......ds as follows: “167 (7). where further investigation into an offence is stopped on the expiry either of the specified time or of the extended time under sub-section (5), the accused, if in custody, shall be released forthwith". 8. He submits that prior to dismissal of the case o..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

.... 491 Cr.P.C. was issued calling upon the opposite parties (1) Secretary, Ministry of Home Affairs, Go­vernment of Bangladesh (2) District Magistrate, Chittagong and (3) Superintendent, Chittagong Jail, Chittagong to show cause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being det......48/380 of the Penal Code, Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenu was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364, ..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......) Customs Act read with section 18 of M.L.R.1/ 82 against the accused 1. Abdul Razzak, 2. Mohd. Yakub, 3. Mohd. Mohsin, 4. Rashid Ahmed 5. Kamrul Islam and 6. Abdus Sukur. Ac­cused Nos.1-5 are in custody and accused No.6 Abdus Sukur is abscond­ing from the very beginning. Perused the Po..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)

....accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97.     ...... not concluded and the charge sheet was not sub­mitted, it was mandatory for the Magistrate to make an order stopping further investig­ation into the offence and to release the accused, if in custody, forthwith in pursuance of provision of sub-section (7) of section 167 Cr.P.C. which reads a..

Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

....ase No.568 of 1983 do not reach his Court on the date fixed for trial of the sessions case. It further appears from the order dated 14.3.84 that on the basis of Medi­cal report, received from the Jail Authority and made by the Assistant Surgeon of Sylhet Jail, counter-signed by the Civil Surgeon......;partial trial, if the case is tried by the learned Judge, the learned Advocate has submitted that the learned Judge showed favourable attitude towards the opposite party No.1 in not remanding him to custody on 27.6.84 and that the learned Judge upon wrong recording of the submission of the petition..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

.... Code and sentencing him to undergo transportation for life. The accused appellant was tried in absentia. He executed power in favour of the learned advocate Mr. Mustafa Niaz Muhammad, from Bandarban Jail on 6-2-1984 which is said to be the date of surrender of the accused appellant to custody after......tried in absentia. He executed power in favour of the learned advocate Mr. Mustafa Niaz Muhammad, from Bandarban Jail on 6-2-1984 which is said to be the date of surrender of the accused appellant to custody after his conviction on 23-1-84. 2. The case for the prosecution, in brief, is that dec..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......g, stating the reasons therefor, from time to time, postpone or adjourn the same on such term as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Magistrate shall remand an accused person to custody under this secti..

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4

Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)

....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......l the accused pleaded not guilty saying that they did not commit the dacoity and that they have been falsely implicated by obtaining confession of accused Forkan Ali by torture while he was in police custody. 5. 11 witnesses were examined on the prosecution side. The learned Assistant Sessions ..

Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9

Maqsood Alam Vs. KMJ Akbar, Com­modore & others, 1983, 12 CLC (HCD)

....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)

.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262.         ......roperty that was the subject matter of dispute in a proceedings under section 145 Cr.P.C. pending before him, was subject to speedy and natural decay the Magistrate would make an order for the proper custody or sale of such property, and upon the completion of the inquiry namely after a final order ..

Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......bdul Quddus as she was above the age of 16 years and not to force her or to seduce her to have illicit intercourse with the accused appellants, that as it has not been stated in the charge from whose custody P.W.2 Ferdousi was taken away by the accused appellants, the convic­tion of the said acc..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ......ay they met P.W.7 Abdul Jalil (uncle of deceased Matiar Rahman) who asked them as to what had happened. They narrated the occurrence to him. At that time accused Azizul Huq managed to escape from the custody of P.W. 3 Nazrul Islam. Seeing the accused party men coming to attack them P.W. 3 Nazrul Isl..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

..../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ....../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

....cord­ed a GD. Entry on some false and imaginary allegations and showed Eksir Mia and Abdus Sobhan arrested under section 54 of the Code of Criminal Procedure and ultimately sent them to Sunamganj Jail Hajat on 21.12.79. Eksir Mia died in Sunamganj Jail Hajat as a result of the injuries inflicted......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....er for his detention. Now in exercise of the powers conferred by the Govt, under Ordinance No, XXVII of 1974, I am pleased to direct that said Kudratullah Mondal (Ex. M. P.) be detained in Mymensingh Jail until furthers orders u/s 5(1)(a) of the Emergency Powers Rules, 1975.” Sd......ding citizen of Bangladesh. He was elected as M.P. in 1970. The detenu was arrested by the Haluaghat Police on 8.2.76 and on 9.2.76 he was served with the impugned order and since then he has been in custody. The petitioner further stated that the detention order was challenged before this Hon'b..

Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & others, 1978, 7 CLC (HCD)

....ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......absolute. The impugned order taking cognizance against the petitioner was declared to have been made without any lawful authority and consequently it was directed that the petitioner be released from custody at once if not wanted in connection with other Cases. This order of ours will not, however, ..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & ors, 1978, 7 CLC (HCD)

....ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......absolute. The impugned order taking cognizance against the petitioner was declared to have been made without any lawful authority and consequently it was directed that the petitioner be released from custody at once if not wanted in connection with other Cases. This order of ours will not, however, ..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ......ate of dispatch to travel from Dacca Medical College Hospital to the Chemical Examiner at Mohakhali, Dacca. There is nothing on record to show how and through whom the articles were sent and in whose custody the articles were during this transit period. It is also not understood why it took nearly n..

Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....vit-in-opposition of respondent No.1 to attract the application of rule 5(1) (a) of the Emergency Powers Rules, 1965. We are satisfied that the detenu Afazuddiri Dalai is now being detained in Khulna Jail without any lawful authority and in an unlawful manner.” We have given our anxious c......beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ......at Ali was arrested in connection with that case and pro­duced on 14-10-1971 in the Court of the Sub-Divisional Magistrate. The prayer for bail of Rahmat Ali having been refused he was taken into custody. Other accused including the appellant were absconding. The police later submitted a final ..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72