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Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......s the Daily Star, Dhaka, Tuesday, September 7, 1999 adding there that the Higher Court is patronizing the terrorists, Nasim Tells JS (by staff correspondent). The Home Minister Mr. Mohammad Nasim has accused the Higher Courts of patronising terrorist by granting them bail indiscriminately. The Home ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
.... No.63 dated 16-12-98 under section 25B of the Special Powers Act against the detenu and others upon alleged recovery of 50 bottles of Indian Phensidyl from the possession of the detenu Zaved and the absconding accused Abdur Rashid @ Kowsar and Shakila Begum. It further appears from Annexure-E to th...... Alauddin, respondent No.4, Sub-Inspector of Police of the Police Station was made the Investigating Officer who demanded illegal gratification from the parents of the detenu Zabed but on refusal the accused Polash was excluded from the charge sheet of the said murder case whereupon a Naraji petitio..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11........ 9. It appears that a Suo Moto Order No. 248 of 2003 after hearing the petitioner and the learned Attorney-General was passed with the following directions- (1) Trial, if any, of all Juvenile accused to be completed with utmost expedition by the Juvenile Courts and the concerned Law enforcin..Category: Criminal Law | Date: | Hits: 45
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......is Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a cheque was issued by the accused petitioner in favour of the complainant opposite party. The cheque was presented for encashm..Category: Criminal Law | Date: | Hits: 35
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ...... leave to appeal against the judgment and order dated 3-3-2009 passed by the High Court Division in Criminal Miscellaneous Case No.5373 of 2008 discharging the rule. 2. Relevant facts are that the accused petitioner was facing trial in Sessions Case No.2280 of 2007 arising out of Uttara Police ..Category: Criminal Law | Date: | Hits: 34
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......ools for crime investigation is indispensable for proper and quicker investigation. The need for well trained full time magistrates/criminal judges, for eliminating/reforming cognizance phase when accused in custody languish in overcrowded jail for years without trial, and other reforms in the ..Category: Criminal Law | Date: | Hits: 130
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......e, in brief, are that while Md. Asaduzzaman and Md. Shafiqul Islam were returning home at about 22-30 p.m. on 07.04.2002 by a motorcycle, they were attacked by the petitioner herein and 2 (two) other accused persons. They assaulted them and shot at Shafiqul Islam, by a pistol. They snatched away Tk...Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......ents under Section 164 of the Code of Criminal Procedure at the instance of the police and father of the alleged victim under duress. The police after investigation submitted charge sheet against the accused persons including the convict-petitioner under Section 9(4) (kha) of the Nari-O-Shishu Nirja..Category: Criminal Law | Date: | Hits: 56
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......ese axe, knife, rod, sticks, on the order of respondent No.1, attacked his two sons namely, Shazal and Azam on 26.11.2009 at about 9.15. p.m. in the evening, on their way home, that while some of the accuseds pushed down Azam on the ground, the respondent No.1, gave a blow on his head with his chine..Category: Criminal Law | Date: | Hits: 68
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
.... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283.......2. The relevant facts are as follows: The above case arose on the basis of a petition of complaint filed by the opposite party No.2 before the Metropolitan Magistrate, Chittagong alleging that the accused petitioner used to purchase potato from the complainant for supplying to different cantonmen..Category: Criminal Law | Date: | Hits: 39
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......l—For the State. Criminal Appeal No. 1702 of 1992. Judgment Md. Abdus Salam J.- This Criminal appeal under section 410 of the Code of Criminal Procedure has been preferred by accused-appellant Md. Shahjahan against the Judgment and order of conviction dated 14.9.92 passed by..Category: Criminal Law | Date: | Hits: 38
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......o. 717 of 1999. Judgment Md. Abdul Aziz J.- This Rule was issued on an application under section 439 of the Code of Criminal Procedure read with section 435 of the same Code at the instance of accused petitioner challenging the impugned judgment and order dated 5-8-99 passed in Criminal Revis..Category: Criminal Law | Date: | Hits: 40
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... report named accused and also against accused Labu Mia, son of Atiar Rahman stating, inter alia in the charge sheet that the aforesaid 8 (Eight) accused persons were on bail but accused Labu Mia was absconding. 5. The charge sheet being received by the learned Magistrate it was accepted on 8-1-2......shed. 2. The Records being called for have been received. 3. It appears that on 4-11-2000 one Md. Kechua Mamud lodged a First Information Report with Nilphamari police station against 8 (Eight) accused persons specifically mentioned therein stating, inter alia, that on 20-10-2000 at about 12 n..Category: Criminal Law | Date: | Hits: 101
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......was no entrustment in favour of the petitioner nor there way any initial deception on his part. So, the learned Advocate submits that taking of cognizance and ultimately framing of charge against the accused petitioner under those sections was not legal. In this connection, with reference to the pet..Category: Criminal Law | Date: | Hits: 42
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......ut of the house and thereupon inmates of the other huts of the house (P.W.1, 4,10 and 11) came out of their huts with hurricane and while proceeding towards the hut of the deceased they saw 6 (six) accused (respondents herein) and accused Abdus Samad Mondal (acquitted) leaving the hut of the decea..Category: Criminal Law | Date: | Hits: 57
Anti-Corruption Commission Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ......submitted a charge sheet against all of them for acquisition of assets disproportionate to known source of income. 4. In Writ Petition No.105 of 2008, the petitioner is the wife of the principal accused Redwan Ahmed, former State Minister. The petitioner is stated to be a business lady and sh..Category: Anti-Corruption Laws | Date: | Hits: 168
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......ice is a nullity in the eye of law. 49. There is, however, no legal impediment for the Commission to issue fresh notice under section 26 of the Act, if so advised, but not in those cases where the accused has already been acquitted on merit of the case as is in this case. With these observatio..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......f 50 lac including the said 20 lac amongst them and never returned or deposited the same amount of Tk.50 lace to the Council. The audit authority recommended for taking appropriate action against the accused persons but no action was taken by the Council to cover up their own illegal act. 3. The ..Category: Anti-Corruption Laws | Date: | Hits: 159
Abul Hossain Vs. State, 2008, 37 CLC (AD)
.... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......d the aforesaid Criminal Appeal No.1794 of 2003 and jail Appeal No.796 of 2003 before the High Court Division against the Judgment and order of conviction and sentence dated 29-05-2003 convicting the accused appellant under section 302 of the Penal Code and sentencing him to death in Sessions Trial ..Category: Criminal Law | Date: | Hits: 45
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......e decision in the Case of Md. Tajul Islam Khokan and ors Vs. State reported in 6 BLT 79 for the proposition that the retraction of the confessional statement can be made during the examination of the accused under section 342 of the Code of Criminal Procedure. The learned Advocates also referred to ..Category: Criminal Law | Date: | Hits: 27