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Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....sult: The appeal 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......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. ..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
.... of the accused petitioner Solaman. The police arrested him and prepared seizure list in presence of the witnesses and came to the police station. 4. The police investigated the case and submitted charge-sheet against the accused petitioner and another under section 19(a) of the Arms Act. 5. T....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....he first information report on 18-4-2004 with Kotwali police station. 3. Kotwali Police station registered the case and took up the case for investigation and after holding investigation submitted charge-sheet being No. 193 dated 25-4-2004 against the petitioner and others under section referred ......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....tion 161 of the Code of Criminal Procedure and at the instance of the police, the Magistrate recorded the confessional statement of the co-accused Pijush Kanti Barua and after investigation submitted charge-sheet under sections 395/397 of the Penal Code against the appellant and others. 4. Therea......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....report was received by the Police Station and after consulting the report PW 8 ASI Abdul Kasem as informant lodged the first information report on 6-5-2001. 3. Police after investigation submitted charge-sheet against the appellant. 4. Eventually appellant was placed on trial in the Court of A......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ake such an order dated 10-7-2001 marked Annexure C to make necessary correction in the record of rights, if necessary and that the Rule is devoid of any substance and, as such, it is liable to be discharged with costs. 5. Respondent No. 4 has also contested the Rule by filing a separate Affidavi......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397...Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....nder section 173, Cr.P.C. recommending for the prosecution of the appellant under section 304 of the Penal Code, the learned Sessions Judge received the case record for trial and thereafter he framed charge against the appellant on 5-2-2001 which reads as follows: “আপনি ২৮-১-২à§......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...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....he witnesses under section 161 of the Cr.P.C. During investigation, the confessional statements of two accused were recorded by a competent Magistrate. After completion of investigation, he submitted charge-sheet under sections 147/148/149/302/ 114/34 of the Penal Code, since a prima facie case was ......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....thing to stay operation of the order of the learned Sessions Judge. He further submits that the learned Magistrate again on receipt of the order appointed receiver and the Officer-in-Charge took over charge of receiver against which the 2nd party preferred criminal revision before the learned Sessio......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...Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....prehended the petitioner and the co-accused were handed over to the police. 3. After due investigation and trial the petitioner was convicted under sections 448/427 of the Penal Code, but since no charge had been framed under section 427 of the Code, he was sentenced only under section 448 to suf......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. ..Category: Criminal Law | Date: | Hits: 61
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....ased Ansar Ali, lodged first information report with the Kahalu Police Station stating the name of accused Md. Abdul Mazid as assailant of her son. 5. After investigation by SI Nurul Afsar Bhuyan, charge-sheet was submitted against the first information report named accused and his wife Amili Beg...... 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...Category: Criminal Law | Date: | Hits: 93
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
.... the judgment and order dated 29 September 1997 passed by the learned Additional Sessions Judge, Bagerhat in Sessions Case No. 69 of 1993. By that judgment the six appellants were found guilty of the charge under section 302 read with section 34 of the Penal Code and each of them were sentenced to i......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...Category: Criminal Law | Date: | Hits: 43
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
....ned Advocate further submits that before the Court record was sent to DM Brahmanbaria for trial vide order dated 8-9-04 Magistrate 1st Class, Brahmanbaria vide order dated 27-7-04 directed officer-in-charge, DB, Brahmanbaria for enquiry and report in the matter and a report dated 7-9-04 was submitte...... 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. ..Category: Criminal Law | Date: | Hits: 48
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....motive hastened to lodge FIR over the incident and upon which Shailakupa 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 al......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....lure would not be repeated in the future and he shall remain utmost cautious to comply with the order of this Hon'ble Court and, in the circumstances, he prayed to be pardoned and exonerated from the charge of contempt of Court. 3. Contemner No. 2 Mostafa Kamal, Superintendent of Police, Sylhet i......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....d by the High Court 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 Tri......en the statements of witnesses recorded under Section 161 of the Code of Criminal Procedure do not disclose that the accused was in any way connected with the occurÂrence and he committed any act of abetment and under such circumstances, the High Court Division was justified in holding that there w..Category: Criminal Law | Date: | Hits: 73
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
....he appellant. The injured victim was sent to Luxmipur Hospital where he succumbed to his injury on the same day. 3. The Investigating Officer (PW 15), on completion of the investigation, submitted charge sheet on 16-11-1998 against the condemned prisoner under sections 302/307 of the Penal Code. ...... 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. ..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....s to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 issued by respondent No. 5 for holding election scheduled to be held on 28-2-2005 for the post of acting Chairman (Chairman-in-charge) in his office should not be declared to have been issued in violation of the rules and the a......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....agong Medical College Hospital. Pursuant to the first information report, the police registered a case and after investigation submitted a report in favour of Mofizur Rahman recommending for his discharge and charge-sheet against other four accused. Petitioner filed a naraji petition against the s......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. ..Category: Criminal Law | Date: | Hits: 49
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....e publisher and Mr. Anwar Hossain was performing as the publisher for the Company. The Additional District Magistrate by the said letter informed that his office had no objection if Mr. Rahat Khan discharged the functions as editor-in-charge during the period of absence of the Editor, Mr. Anwar Hoss......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
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