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Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)

.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......ution witnesses under section 540 of the Code of Criminal Procedure. 2. The case of the prosecution is that, the appellants were being tried for the murder of one Bilkis Akhter @ Bilo, wife of the accused‑appellant No.1, in the aforesaid Nari‑O‑Shishu Nirjatan Daman Case No. 24 of 2002 unde..

Category: Criminal Law | Date: | Hits: 48

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

....efore us including order sheet of the aforesaid criminal case to indicate whether on or before 20‑1‑2003 any process was issued against the petitioner or at all served or lie was ever declared as absconding after exhausting the procedure under section 10 of আইন-শৃঙ্খলা বি......vision of the said Act. Under section 339 B of the Code of Criminal Procedure after compliance with the requirement of sections 87 and 88 of the Code, if any Court sustains reasons to believe that an accused person has absconded and there is no immediate prospect of arresting him the Court shall by ..

Category: Criminal Law | Date: | Hits: 63

State Vs. Shah Alam, 2003, 32 CLC (HCD)

.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......aving learned about the occurrence from others lodged the first information report with Bogra Sadar Police Station at 12‑30 PM on 29‑6‑1998. None was named in the first information report as an accused. 3. Subsequently, PW9, SI Amjad Hossain, visited the place of occurrence, prepared the sk..

Category: Criminal Law | Date: | Hits: 54

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......ed against the judgment and order dated 23‑9‑1998 passed by Assistant Sessions Judge, 1st Court, Chittagong in Sessions case No. 131 of 1995 (out of Baskhali PS Case No. 7(12) 1993 convicting the accused appellants Shamsul Alam and Razzak under sections 395/397 of the Penal Code and sentencing e..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......l Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to show cause as to why Order dated 20‑4‑2000 so far as it relates to discharge of accused opposite party No. 2 Samir and framing of charge against the remaining three accused in Sess..

Category: Criminal Law | Date: | Hits: 82

Mohammad Syed Vs. State, 2004, 33 CLC (HCD)

....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......the opposite party No. 2 as informant lodged an FIR stating, inter alia, that after returning from Saudi Arabia he made up his mind to purchase a Truck and for that purpose he was introduced with the accused petitioner by accused No. 2. He then on 17‑4‑2002 purchased a cabin and engine of 4 tons..

Category: Criminal Law | Date: | Hits: 45

Rezia Khatun Vs. State, 2004, 33 CLC (HCD)

....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......earned Magistrate convicted the opposite party No.1 by his judgment and order dated 30‑4‑2000 and sentenced him to simple imprisonment for a period of 1 (one) year. Being aggrieved, the convicted accused (opposite party No.1) preferred an appeal being Criminal Appeal No. 23 of 2000 before the le..

Category: Criminal Law | Date: | Hits: 39

GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......or the State. Criminal Miscellaneous Case No. 8206 of 2001. Judgment  Md. Ashfaqul Islam J.- This Rule was issued under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner calling upon the opposite parties to show cause as to why the proceeding of Petit..

Category: Banking Law | Date: | Hits: 237

Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)

....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... of 2002. Judgment Amirul Kabir Chowdhury J.- Supplementary affidavit filed in Court today be kept with the record. 2. This Rule was issued on 4‑2‑2002 at the instance of the accused petitioner Loskoar Mohammed Mostan Billah upon an application under section 439 of the Code ..

Category: Criminal Law | Date: | Hits: 56

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. ......ney‑General and Fara Mahmuda, Assistant Attorney-General-For the State. Abdul Malek, with Sarwar Ahmed, with AKM Shafiqul Alam and SM Shahjahan, Advocates-For the Condemned Prisoners and convict accused Appellant. Death Reference No. 6 of 2001 with Criminal Appeal No. 394 of 2001 and Jail Ap..

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. ...... 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 reasonable doubt? ii) Whether conviction awarded and sentence impos..

Category: Criminal Law | Date: | Hits: 54

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......rresting process is issued or any superior Court as may be directed." 15. In Nagendra Vs. King Emperor, AIR 1924 (Cal) 476 it is held that the object of the bail is to secure the attendance of the accused at the time of the trial and that the proper test to be applied for the solution of the ques..

Category: Criminal Law | Date: | Hits: 79

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......de except on the complaint in writing of the public servant concerned. In the instant case, the learned Magistrate himself is the public servant whose order has been alleged to have been disobeyed by accused and therefore it was obligatory on the part of the learned Magistrate to make a written comp..

Category: Criminal Law | Date: | Hits: 57

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. ......relevant for the disposal of this petition are that the petitioners were put on trial before the learned Additional Sessions Judge to fact charges under section 148/447 and 302/149 of the Penal Code, accused peti­tioner Babul and Selu under section 324 of the Penal Code, accused Angurer Nessa under..

Category: Criminal Law | Date: | Hits: 49

State Vs. Mukta Khan and another, 2011, 40 CLC (AD)

....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......he referes to the decision in the case of State Vs. Zakaria Pintu, 62 DLR (AD) 420. 3. A.K.M. Shahidul Haque, the learned Advocate-on-Record appearing on behalf of the respondents submits that the accused-respondents voluntarily surrendered before the Court of Chief Judicial Magistrate, Jhinaidah..

Category: Criminal Law | Date: | Hits: 55

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....... Criminal Appeal No.69 of 1992 dismissing the appeal and upholding the judgment and order dated 30-9-92 passed by the Additional District Magistrate, Chandpur in CR Case No.162 of 1991 convicting the accused petitioner under section 493 of the Penal Code and sentencing him thereunder to suffer RI fo..

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.......lam Chowdhury under sections 447/323 of the Penal Code and sentencing him thereunder to pay a fine of Taka 400.00 and Taka 600.00 respectively, in default, to suffer SI for four months and convicting accused petitioner Md. Harun-Ur-Rashid Chowdhury under sections 447/354 of the Penal Code and senten..

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.......cial Martial Law Court No.4, Comilla by the Zonal Martial Law Administrator, Zone-D, Comilla, for trial and the said Martial Law Court on completion of trial convicted the petitioner and the other co-accuseds and sentenced them to suffer imprisonment for life by judgment dated 15-3-1994. Pursuant to..

Category: Criminal Law | Date: | Hits: 56

State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)

....though this was a case involving capital punishment. 3. It appears that by order No.19 dated 17-7-95 one Mr. Abu Jafar Siddique, the learned Advocate was appointed on behalf of the State to defend absconding accused Ela and Jalal. It further appears that from order No.43 dated 24-2-97 that on pra...... was a case involving capital punishment. 3. It appears that by order No.19 dated 17-7-95 one Mr. Abu Jafar Siddique, the learned Advocate was appointed on behalf of the State to defend absconding accused Ela and Jalal. It further appears that from order No.43 dated 24-2-97 that on prayer of Jafa..

Category: Criminal Law | Date: | Hits: 47

Abdul Hamid Khan, GM, Daily Banglar Bani (Modhumoti Mudranalya) Vs. Md. Abul Kashem (Ex Senior Retoucher of Banglar Bani), 2000, 29 CLC (HCD)

....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed. Ed. This Case is also Reported in: 55 DLR (2003) 231.......nder section 55 of the Industrial Relations Ordinance, 1969 since there is nothing on record to show that they refused to comply with the order passed by the Labour Court and that the orders of which accused petitioners alleged to have violated having been made under section 25 of the Employment of ..

Category: Labour and Industrial Law | Date: | Hits: 184