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Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....Khair, (2) SM Golam Khaleque (3) Abdul Awal (4) Kamal-ul Islam (5) Md. Sharif Ullah (6) Abul Hossain and (7) SM Rafique in absentia. 7. After completion of the evidence, the accused persons, since absconding, could not be examined under section 342 of the Code of Criminal Procedure. 8. Prosecu...... learned Divisional Special Judge, Chittagong in Special Case No. 151 of 1999 arising out of Bandar Police Station Case No. 7(12)87 dated 8-12-87 corresponding to DAB GR No. 42 of 1987 convicting the accused appellants under sections 409/420/467/468/471/477 (A)/201/109 of the Penal Code and 5(2) of ..Category: Criminal Law | Date: | Hits: 53
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. ...... 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 prosecution never shifts and the duty generally..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
.... up for trial before the Court of learned Sessions Judge and Special Tribunal, Khulna and on 15-3-2002 the Special Tribunal No. 8 Khulna enlarged 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 ......condary Education Dhaka & another Vs. Md. Nurul Islam and others, 1986 BLD (AD) 189; Shiplu and another Vs. State, 49 DLR 53. Lawyers Involved: Syed Ziaul Hasan with Farhanat-ul-Alam—For the accused-Petitioner. Snigdha Huq, Assistant Attorney-General—For the State. Criminal Miscella..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....one exhaustively provided for under sections 87 and 88 of the Code of Criminal Procedure. 19. Section 87 of the Code of Criminal Procedure runs as follows: "Section 87. Proclamation for person absconding.— (1) If any Court has reason to believe (whether after taking evidence or not) that an......the petitioner's hands were tied with a rope and pressed him to inform his relatives for bringing Taka 10(ten) lac. Then the informant asked his friend Rafiqul Islam @ Robu to bring the money and the accused party snatched away Taka 16,000 and his mobile phone from him. Accused Jamal brought a Litac..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....and each of them was convicted under the same section of the Penal Code and sentenced to suffer 10 years rigorous imprisonment out of which except the appellant and accused Pijush Kami Barua all were absconding from the inception of the case. Since the charge under sections 395, 397 of the Penal Cod......l Hossuin, Assistant Attorney-General—For the State. Criminal Appeal No. 1351 of 2003. Judgment Md. Ashfaqul Islam J. - Accused appellant Abdus Sattar @ A. Saltar @ Sottar along with other accused namely, Pijush Kanti Barua, Md. Hossain, Md. Soleman, Baharul Islam @ Bahar, Bashikka and Su..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....cumstantial evidence, PWs 3 and 4 categorically stated that the appellant shifted the dead body of the deceased to village Niguari. He further submits that soon after the occurrence accused was found absconding which was one of the circumstances of guilt. So, the learned Judge of the trial Court aft......life. 2. The prosecution case, in brief, is that deceased Sarifa Akter, wife of Md Rafiqul Islam (PW 2) was carrying for about five months. She had extra-marital relation with her sister's husband accused Jalaluddin. The accused used to visit her husband's village home at Dhamlai. Prior to the oc..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.......vity and criminality from the offence approaching almost to a murder to a simple hurt in which a small fine may be an adequate punishment. 7. It is a fundamental principle of criminal law that the accused should be informed with certainty and accuracy the exact value of the charge brought against..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....l Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzzaman, Nazma ......lur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzzaman, Nazma Sultana, Parvez Ahmed, Advocates—For the accused Appellant (In Criminal Appeal No. 2279 of 2003). Md. Mostafa with Raza Kamrul Islam, Advo..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364....... Asgar Vs. Md. Esrail and others, 1999 BLD 517; State Vs. Khan Khawas, PLD 1967 Peshawar 23; Osman Gani Vs. Besharuddin Ahmed, 32 DLR 53. Lawyers Involved: Md. Nurul Mostafa, Advocate—For the accused-Petitioner. (In both cases) Md. Ahdus Sobhan Tarafdar, Advocate-For Opposite-Party No. 1...Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......nd 7/8 others, armed with Chinese axe, chapatti, ramdao, iron rod, etc entered into the restaurant belonging to the brother of the informant and attacked him. It is alleged that the petitioner and co-accused Md. Kabirul Islam alias Kayes assaulted the victim, and Kayes, with the intention of killing..Category: Criminal Law | Date: | Hits: 61
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ...... College branch, Rangpur by instituting Artha Rin Case No. 8 of 2002 got a decree for the said amount, as such, the instant proceeding if allowed to continue, that will perpetuate an injustice to the accused petitioner, as such, for ends of justice, the aforesaid case is liable to be quashed. 3. ..Category: Criminal Law | Date: | Hits: 46
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.......al Legal Aid Committee. Sarah Parveen, Assistant Attorney-General—For the Respondent. Jail Appeal No. 557 of 2005. Judgment Khondker Musa Khaled J.- This Jail Appeal, at the instance of accused Md. Abdul Mazid, is directed against the judgment and order of conviction and sentence dated..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.......a fist blow on Nasir. As a result Nasir fell down. On seeing these, informant's son Lokman and two other persons named Majibur and Saiful tried to rescue Nasir, but failed due to the resistance of co-accused Moharaj. Thereafter, appellant Ali Akbar and Ali Azim forcibly took Nasir to the southern si..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.......ad. She also asked the petitioner wife to remove the bed, but she also failed to do so and at one point there was an altercation between the petitioner and the complainant, in the course of which the accused-petitioner kicked the complainant's abdomen. She fell to the ground and as she was getting u..Category: Criminal Law | Date: | Hits: 97
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311....... an application in the Court of the learned Magistrate to draw proceeding against the 2nd party Abdul Ahad and others under section 144 of the Code of Criminal Procedure with a prayer to restrain the accused-petitioner from entering into the case land which was ultimately converted to a Miscellaneou..Category: Criminal Law | Date: | Hits: 60
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......ey-General-For the State. Criminal Miscellaneous Case No. 1218 of 2006. Judgment Md. Abdul Quddus J. - Rule was issued under section 561A of the Code of Criminal Procedure at the instance of accused petitioner Md. Amin Uddin calling upon the sole state opposite party represented by Deputy C..Category: Criminal Law | Date: | Hits: 48
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....lakupa PS Case No.3 dated 2-5-95 was started under sections 147/148/149/447/302/114. Penal Code and after conclusion of investigation charge-sheet was submitted by police against 32 accused including absconding Shahidul Islam under all aforesaid sections on 5-9-95. 6. He submits that present peti...... Advocate for the complainant petitioner Motleb Mondal of Sessions Case 28/2001 submits that one Rezaul, son of this petitioner Motleb Mondal, was murdered during occurrence at 8-30 AM on 2-5-95, but accused of the occurrence as per complaint case namely, Ainuddin Joarder fraudulently with ill motiv..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. ...... Division in Criminal Revision No.1142 of 2007 discharging the Rule and affirming the order dated 21-08-2007 passed by the learned Judge, Druta Bichar Tribunal No. 1, Dhaka framing charge against the accused petitioner under Section 302 and 34 of the Penal Code in Druta Bichar Tribunal Case No.13 of..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. ......2.30 noon, one baby taxi carrying cash and employees of Sonali Bank reached at Raipur Branch of Sonali Bank. The Bank employees are Cashier Shamsul Alam. Typist Shamsul Islam and the Guard Shahjahan (accused). Shamsul Alam and Shamsul Islam entered into the Bank to hand over required cash leaving th..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ....... 2. Facts relevant for the disposal of the Rule are as follows: Petitioner lodged a first information report with the Banskhali police station on 21-3-99 against Mofizur Rahman and four other accused persons alleging, inter alia, that the accused persons demanded toll of Taka 20,000 on 17-3-..Category: Criminal Law | Date: | Hits: 49
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