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State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......per he has learnt that the boy is Akimul. In cross-examination, he stated that Ershad Sikder appointed him as security guard in 1988. He denies the defence suggestion that he has been provoked by the prosecution to depose against Ershad Sikder, or that he has not stated to the Magistrate that the bo..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......or life upon three (3) appellants who were depicted as authors of crime gave rise to this criminal appeal. 2. Fate of Criminal appeal hinges on answer to the following questions: i) Whether the prosecution could substantially bring home the offence against accused-appellants beyond all reaso..Category: Criminal Law | Date: | Hits: 54
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145....... placed in perilous position that if it makes any disclosure in contravention with the provision of law the bank may be sued for damages and the bank’s name and fame may be periled by such criminal prosecution, as such, the protection has been given under the law to protect the secrecy between the..
Category: Criminal Law | Date: | Hits: 41
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... of the Penal Code, accused Angurer Nessa under section 302/109 of the Penal Code and accused Mukit under section 302 of the penal Code, to which, they pleaded not guilty and claimed to be tried. The prosecution in support of its case has examined 13 witnesses but the defence examined none. 3. ..Category: Criminal Law | Date: | Hits: 49
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......s under section 493 of the Penal Code to which he pleaded not guilty and contended that he has been falsely implicated in the case at the instance of the some designing person. 4. At the trial the prosecution examined four witnesses in support of its case and the defence examined none. The learne..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125....... the learned trial Court. It is against this judgment passed by the learned Additional Sessions Judge, Chittagong the two accused petitioners moved this Court and obtained the present Rule. 3. The prosecution case, in short, is that, at about 8 PM on 4-4-85 informant Sakera Begum, who is a primar..Category: Criminal Law | Date: | Hits: 68
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......It appears that the petitioner also instituted Money Suit No.3 of 1995 in the Court of Subordinate Judge, Noakhali against a number of persons including respondent No.3 claiming damages for malicious prosecution and wrongful imprisonment. It further appears that the respondent No.3 who is defendant ..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370....... 2. The condemned prisoner was charged under sections 396/3/34 of the Penal Code and he was placed on trial before the learned Additional Sessions Judge, 1st Court, Kushtia along with 12 others. The prosecution examined as many as 20 witnesses. During trial the condemned prisoner was in custody. He..Category: Criminal Law | Date: | Hits: 47
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....ion 5(2) of the Act was served. 14. Under the (Emergency) Requisition of Property Act, 1948 when the notice under section 3 is served upon the owner of the land and pursuant to that advance and or partial compensation is paid and the possession of the land is taken over by the Government and give...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......ed under sections 302/34 and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000.00 each in default to suffer rigorous imprisonment for 1(one) year more. 2. The prosecution case, is that, on 22-8-91 PW 1 Salahuddin along with his brother Mokles, since deceased,..Category: Criminal Law | Date: | Hits: 55
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......progress of investigation, the charge-sheet under sections 120B/448/449/302/ 109/34 of the Penal Code was submitted on 15-10-1998 against 23 accused persons including the three petitioners. 3. The prosecution case, in short, is that, after the killing of Bangabandhu Sk Mujibur Rahman and his fami..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... (i) Abdul Khaleque confessed his guilt and his confessional statement was recorded by a Union Parishad Member, Noor Husssin and the said statement is exculpatory and has got no conformity with the prosecution story. (ii) The confessional statement recorded by the Magistrate was recorded on a f..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......ding of Sessions Case No. 231 of 1994 arising out of Sabuzbag PS case No. 20(3) 1990 pending before the 5th Court of Additional Sessions Judge and Special Judge, Dhaka is hereby quashed, However, the prosecution is at liberty to get the matter enquired into afresh after necessary compliance of provi..Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......d petitioner along with other co-accused-petitioners threatened the informant and her sons and the charge-sheet named witnesses not to proceed with the case and not to give evidence in support of the prosecution. It is also stated that the informant made a General Diary with the police station on 7-..Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......2 accused persons on 9th June, 2008. 3. The case record was eventually sent to the Metropolitan Sessions Judge, Dhaka for trial and while the trial of the case was in progress on the prayer of the prosecution, the trial Court allowed further investigation of the case. The case is under investigat..Category: Criminal Law | Date: | Hits: 50
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......very of a tape recorder from the possession of P.W.4 which was said to have been sold by the accused respondent after stealing it from the deceased's shop on the fateful night. 3. According to the prosecution the respondent was apprehended out of suspicion on 10th July 1990 near Nowapara railway ..Category: Criminal Law | Date: | Hits: 58
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......near the place of occurrence. 6. The date of trial of the accused persons was fixed on 28-9-92. On that date also the petitioner renewed his prayer for discharge on the ground that no sanction for prosecution against him was obtained from the Government although he is a public servant (Annexure G..Category: Criminal Law | Date: | Hits: 50
Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 40
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
.... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......ore in session case No. 39 of 1999, which convicted him under section 19(1), Table 3 (খ) of the Narcotics Control Act, 1990, in brief, the Act, and sentenced him to imprisonment for life. 2. The prosecution case, in short, is that on 5‑11‑97 at about 9‑10 AM the police found 250 bottles o..Category: Criminal Law | Date: | Hits: 90
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....t they have committed contempt inasmuch as the presentation of the report-in-issue in the “Daily Newspaper” was made in a manner which tend to misled and confuse the people in general about the impartiality and independence of the highest Court of the country and the message given by such “pr......terest of elicitating the truth or falsehood to the allegation made to the police against the offender. It should be remembered that the duty of the investigating agency is not merely to bolster up a prosecution case with such evidence as may be enable the Court to record a conviction but to bring o..Category: Criminal Law | Date: | Hits: 163
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