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Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

.... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......priated the aforesaid money. Accordingly, Kotwali Police Station Case No.39 dated 17-12-2003 under sec-tions 406/409/420 of Penal Code was start­ed against them. During investigation of the case, accused Farid Uddin made a confessional statement implicating himself and the other accused includin..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)

....the case in accordance with law. Let a copy of this judgment be communi­cated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......s). Criminal Miscellaneous Case No.11847 of 2008 And Criminal Miscellaneous Case No.4985 of 2009. Judgment Md. Nazrul Islam Talukder J. - These Rules, at the instance of two accused-petitioners, were issued calling upon the opposite-parties to show cause as to why the impug..

Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supreme Court and he held responsible post..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Mirza Abbas Vs. State, 2012, 41 CLC (HCD)

....earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......er without due process of law in connection with the present case. 3. Mr. Momotaz Uddin Fakir, learned Additional Attorney-General, on the order hand, submits that since the petitioner is not an accused in this case there is no scope to give direction upon the police not to arrest and harass hi..

Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7

Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)

.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20   ......er-alia, that she got married with the appellant No.3 Md. Hossain Ahmed and appellant No.1 and 2 demanded Dowry of Tk.1,00,000/- from her father but her father refused to pay the same. Thereafter the accused persons inflicted lathi blows on different parts of her body causing injury. While the neigh..

Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3

Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)

....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174.   ......ls. Afterwards he handed over him to Gulshan Police Station with those seized alamats. Then the prosecution was launched by lodging a FIR by SI Md. Roushan Ali (P.W.3) as informant making arrestee as accused which was recorded as Gulshan PS Case No.11(4) of 2007 corresponding to GR No.364 of 2007. ..

Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10

Nazrul Islam Vs. State, 2012, 41 CLC (HCD)

....95. The learned Judge/Special Court as well as the Session Judge, Dinajpur was pleased to take cognizance of the offence under Section 9(Ga) of the said Ain on 10-9-1996. The accused-petitioner being absconding necessary forma­lity under section 20(5) of the said Ain, 1995 were observed for his ......a show over, they started for home by a rickshaw. At about 8-00 PM they reached a place named Baterhat and by leaving the rickshaw proceeded for home on foot. When they reached a place named Kushumbi accused Najrul lslarn came across them with a torch in his hand and expressed to the informant, &quo..

Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8

Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)

....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272.   ......ney-General with Mian Md. Shamim Ahsan, Assistant Attorney-General—For the Opposite-Party. Criminal Revision No.388 of 1996. Judgment Syed Md. Ziaul Karim J. - By this Rule, the accused-petitioners sought for quashing of the GR No.80 of 1995 under sections 467,471 of the Penal ..

Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9

Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)

....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ...........Appellant Vs. State..................................................Respondent Judgment August 22, 2012. Result: The appeal is dismissed. In an arms case, an accused could be convicted on the basis of unimpeachable evidence of the Police witnesses though the..

Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8

Kamal Vs. State, 2012, 41 CLC (HCD)

....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145.   ......with his force rushed to that area and hidden them­selves, at about 23.20 hours at night while some persons reached at the ghat area after crossing the river by boat from Nisarabad, at Tongi then accused Kamal was caught hold by the police and after searching his body one rivolbar loaded with bu..

Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2

Tapan and others Vs. State, 2012, 41 CLC (AD)

....14 witnesses in support of its case. 3. The tribunal believed the dying declara­tion of the victim proved by P.Ws.1 and 2 and corroborated by P.W.5, and on consideration of the fact of their absconding which is a corroborating fact to connect them in the commission of murder, found the peti......l worker and a business man formed a Samity for prevention of crimes in the locality. Petitioners demanded toll of Taka 20,000 from one Milon and on getting such information, the deceased revoked the accused persons against which they threatened him to dire consequences. On the fateful night, when t..

Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

.... at-once to the court concerned for information and necessary action. 33. Send back the Lower Court's Record immediately. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 3 ......igns a domicile which is called the domicile of origin and which remains attached to him until a new and different domicile takes its place. There is absolutely nothing on the record to show that the accused respondent ever became an Indian citizen in substitution of his domicile of origin. Therefor..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ...... with Bhangoora Police Station under sections 302/34 of the Penal Code. 3.  Prosecution case, in short, is that there was a ditch behind the informant's house on the western side of the accused Shahjahan. The ditch was in ejmali and suitable for fishery. There was no demarcation of the..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7

Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)

....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: .......R) with Bhangoora Police Station under sections 302/34 of the Penal Code. 3. Prosecution case, in short, is that there was a ditch behind the informant’s house on the western side of the accused Shahjahan. The ditch was in ejmali and suitable for fishery. There was no demarcation of the..

Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113

State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)

....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......Case No.24129 of 2009). Judgment SK Sinha J. - State seeks leave from an ex-parte order of the High Court Division made in exercise of its inherent power pursuant to a petition filed by the accused respondent direct­ing the investigating agency to interrogate him at the jail gate if it..

Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....lant to the charge of abetment; that the prosecution had utterly failed to produce any reliable evidence either oral or circumstantial against the appel­lant; that the fact of the appellant's absconding is not a ground to corroborate the circumstan­tial evidence and that since the confes......n has examined 45 witnesses, and tendered 5 witnesses, of them, Fazlul Huq (P.W.2), Saiful Alam (P.W.13), Moloy Kranti Pal (P.W.14) are eye-witnesses of the occurrence but they could not identify any accused. 4. The Metropolitan Sessions Judge, Chittagong convicted co-accused Osman alias Md. Os..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)

....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......dditional Sessions Judge, Lakshmipur in Sessions Case No.20 of 2003 arising out of G.R. Case No.1147 of 2001 corre­sponding to Lakshmipur Police Station Case No.37 dated 19.12.2001 convict­ing this accused appellant under section 302 of the Penal Code and sentencing him to imprisonment for life an..

Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102

State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)

....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ...... any agony of the abuse of the process of the Court and also is designed to do substantial justice………………(9) If the Magistrate passes an order of police remand despite the fact that the accused-respondent has been suffering for ailment, the accused-respondent has his remedy to pre..

Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......s. State, 61 DLR (AD) 93; Kamrul Islam (Md.) Vs. Atikuzzaman, 9 DLR 258; Mst. Nahida Sultana Vs. M power of the High Court Division. Lawyers Involved: Nirmalendu Dev, Advocate—For the accused-petitioners Nozibar Rahman, D.A.G. with Md. Manjur Kader, A.A.G.—For the State ..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......ent        July 25, 2012.      Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9