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Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......ed and twenty days from the date of the order of detention except the grounds of detention. Mr. Md. Shamsul Huda J, also found the miscellaneous case not maintainable holding as under: “On hearing arguments of both the sides and I have perused the petition under section 491 of t..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......cie found at this stage that o the date of occurrence or at least on 16‑7‑2000 the girl was a major. 14. Having given our anxious consideration to the available materials and on hearing the learned Advocate, of both the sides we prima facie hold that the date of birth of victi..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......rroborated the case made out in the FIR. He stated that at about 12-00 noon on 13-6-84 accused-appellant Hazrat Ali Khan and 3 others were harvesting paddy in the case land beyond their knowledge. On hearing this he and his men went to the spot and asked the accused-persons as to why they were reapi..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......tively), the accused surrendered before the High Court Division and prayed for bail under section 498 of the Code of Criminal Procedure and they were granted ad- interim (anticipatory) bail pending hearing of the Rules which were issued at the same time. 10. The learned Attorney-General..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ...... Criminal Law Amendment Act. Certified copy of that opinion of the public prosecutor has been annexed as Annexure(1). 7. Thereafter the Chief Metropolitan Magistrate by order dated 3-10-1992 after hearing the PP and considering his opinion directed for giving a copy of the information to the Inve..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....t an order prejudicial to an accused should not be made, without giving him an opportunity to be heard, has no application where the accused is not discharged. This is for the simple reason that at a preliminary stage when a Magistrate has only to consider whether a complaint makes out a prima facie......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......palganj, taking cognisance of an offence after submission of final report should not be quashed or such other or further order or orders passed as to this court may seem fit and proper. 2. Pending hearing of the Rule all further proceedings in GR No.56/91 pending in the Court of Additional Distri..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ...... no chance of recognition of the accused persons in the light of the hurricane in view of the statement in the First Information Report that they started to proceed towards the hut of the deceased on hearing a cry raised by P.W.2 and P.W.6. He further submits that in this case corroborative evidence..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ...... Azad obtained her thumb impression with the ink of cooking pot against her will. Zahirul Islam, Abu Sayed and others recovered victim girl and handed over her to his wife P.W. 3 Maleka Khanam. After hearing about the occurrence from his son at his place of employment he came home and heard about th..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......ed Sessions Judge under sections 435/438 CrPC to make a reference to this Court for quashing the order dated 3.10.91 and all further proceeding of the case pending before the learned Magistrate. Upon hearing both the parties the learned Sessions Judge by the impugned order rejected the said revision..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......rder No.7 dated 6.8.1992 of the learned Sessions Judge, Gaibandha that the accused petitioners had unsuccessfully tried to convince the Court of Sessions that the court. is barred from continuing the hearing of the case on grounds that the trial has been vitiated because of non‑compliance of secti..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......ly, direction was given to issue summons upon the witnesses. On 6.9.90, five witnesses for the prosecution filed hazira. The accused Saheb All also filed hazira in Court. The learned Special Judge on hearing the learned Advocate for the parties and on examination of the case record framed accusation..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......case records transferred the same to the Court of the learned Additional Sessions Judge and Special Tribunal No. 23 Dhaka for trial. The learned Additional Sessions Judge thereafter fixed 25.5.92 for hearing parties in the matter of framing charge and after hearing both the sides framed charge again..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......ntends that in the instant case the trial having gone through the stages, such as, taking of evidence for the prosecution and the defence witnesses, examination of the accused under section 342 CrPC, hearing of argument of the defence once; the defence has been fully disclosed and as such the order ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... that no dispute likely to cause a breach of the peace exists or has existed concerning any land or water or the boundaries thereof and that on the party showing this the Magistrate should cancel the preliminary order made under the section and stay all further proceedings thereof. It further provid......and as such appropriate steps should be taken against to opposite parties restraining them not to interfere with the possession of the petitioner in the case land. 3. The learned Magistrate upon hearing the petitioner passed an order upon the officer‑in‑charge, Madyanagar Police Station for..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....behalf of the absconding accused while Mr. AKM Shamsul Karim, the learned Assistant Attorney‑General appeared for the State. On behalf of the State the learned Assistant Attorney‑General raised a preliminary objection that the proceeding for confirmation of the death sentence of the condemned ac......former is to this day a fugitive from law. Before their abscondence Gul Hassan and Bahadur had executed a power of attorney.................to file an appeal on their behalf in the High Court. At the hearing of the appeal and the Reference under Section 374 of the Code of Criminal Procedure a questi..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......leged confessional statements further stated that the so-called confessional statements were obtained by the police from them through torture and coercion. The learned assistant Sessions Judge, after hearing both the sides and on consideration of the materials on record and the facts and circumstanc..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......me temporarily disabled and took rest at his village home for some time when he was served with a notice (Annexure-A) issued by the respondent No. 1 directing him to appear before him on 28.12.88 for hearing a complaint petition filed by the petitioner's landlords, respondent Nos. 5 and 6, for e..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......ation I hold that the imprisonment already undergone by this appellant will be sufficient to meet the ends of justice. 28. Having given my best consideration to the materials on record and after hearing the learned Advocates of both sides hold that this is a fit case where this Court should int..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ...... acquitting the respondents on the said finding alone. 2. In order to appreciate the point as to misjoinder as aforesaid it is necessary to state the facts of the case as they have emerged after hearing the parties and perusal of papers and documents. It does not appear from the impugned judgme..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
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