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State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....), Assistant Attorney- General—For the State. Md. Jalal Ahmed Sikder, State Defence Lawyer—For the Condemned Prisoner. Death Reference No. 15 of 2002. Judgment AK Badrul Huq J. - This criminal proceeding by way of Death Reference is an epitome of dowry death where wife Kohinur Khatoo......DLR 587 and a unreported case State Vs. Md. Dulal Mia (wherein one of us, AK Badrul Huq, J is the author Judge). 12. Circumstance No. 2 Medical Evidence: Medical evidence in the case occupies an immense importance and it strongly lent support to prosecution case. 13. Circumstance No.3 Motive: ......f dowry Md. Kaloo on different occasions used to torture physically upon Kohinur Khatoon. On the day of incident accused Kaloo physically assaulted Kohinur and on account of physical assault Kohinur breathed her last. 3. Accused Md. Kaloo decamped immediately after commission of crime and had cho..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....ইন must be replaced by what they recognise as the Quranic Law or Islamic Law. Prosecution further alleges that as a part of the strategy to materialise their belief, the condemned convicts made a criminal conspiracy to kill the Judges and others involved in the enforcement of the prevalent legal......ges, Magistrates, and Police by bomb blast, and Exhibit 27 is the index of that sketch map. (e) Exhibit 28 is the sketch map of the house of one Sharif of village Shahid, PS Muktagacha, District-Mymensingh, where the condemned convicts met in another conspiracy meeting before the series bomb blas......Judges named Jagannath Pandey(পাঁড়ে) and Shahid Sohel Ahmed of Jhalakati Judgeship. The killing was caused by a bomb blast in a vehicle by which the two Judges were going to the office. The reason for the killing was very unusual. The victim Judges had no relationship whatsoever with the k..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....decision in the case of Kamruzzaman Vs. State reported in 42 DLR (AD) 219 when it fell for decision of our Lordships whether section 339C of the Code prescribing time limit for conclusion of trial of criminal cases would apply to proceedings under the Special Powers Act. On reference to the preamble......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......e jail appellant Hiru Mia for the offence punishable under sections 19(a) and 19(f) of the Arms Act and sentencing him there under to rigorous imprisonment for 10 years for the first count of offence read with section 19A of the Arms Act and to rigorous imprisonment for 7 years for the second count ..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....o. 18 of 2000. The condemned prisoner also preferred Criminal Appeal No. 3800 of 2001 and Jail Appeal No. 3203 of 2001 against the judgment and order of conviction and sentence. The reference and the criminal appeal including jail appeal are heard together and disposed of by this judgment. 2. The...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......asleep on a cot in the southern room of their house and their maidservant Jharna slept on another cot in that room. At that time on hearing some sound Abdul Khaleque Bhuiyan woke up from sleep and thereafter he also awakened the informant Rahena Akhtar and the maidservant Jhama. Then Abdul Khaleque ..Category: Criminal Law | Date: | Hits: 91
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......iza (Minor) as plaintiff filed the Family Suit No. 13 of 1997 in the Family Court and Assistant Judge Court, Shaturia, Manikganj against the petitioner Md. Abdul Aziz, impleading him as defendant for realisation of maintenance under section 5(d) of the Family Courts Ordinance, 1985. 3. The case o..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....ferred to as Hasan) preferred Criminal Appeal No. 3644 of 2003 and all the six condemned-prisoners including Hasan preferred Jail Appeal No. 184 of 2004 against the said judgment and order. The three criminal proceedings have been heard together and they are disposed of by this judgment. 3. This ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......o. 3644 of 2003 and Jail Appeal No. 184 of 2004. Judgment Md. Ali Asgar Khan J. - This Death Reference under section 374 of the Code of Criminal Procedure, 1898 (shortly referred to as Cr.P.C.) read with section 25 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 (shortly referred..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......he case of the plaintiffs, in short, is that the suit land situated at Mouja Chandkati under police station Jhalakati being CS khatian No. 30 (Karsha right) bearing CS plot No. 201, 202 measuring an area 1.83 acres of land except tenanted land belonged to Abdur Gafur as 6anna share, Amina Begum as 2..Category: Property Law | Date: | Hits: 70
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......nt of Bangladesh inquired into these matters by forming an inquiry team and found the alleged smuggling of heroin as true but found no nexus of the petitioner with the alleged export of heroin and thereafter the instant first information report was lodged against the accused Nazmul Haider Bhuiyan al..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ...... 4. The case was tried by the learned Assistant Sessions Judge, Joypurhat who on the basis of materials on record framed charge under sections 395. 397 of the Penal Code against all the accused and read it over to them on dock to which they pleaded not guilty and claimed to be tried. In course of ..Category: Criminal Law | Date: | Hits: 52
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... vessel resulting in the forfeiture of the vessel without giving an opportunity to the petitioner of his right to defend or without making communication to the Embassy of China and, as such, the very criminal proceeding in the Court of Magistrate, initiation of the auction sale by the respondent Gov......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......sh fisheries waters they found some vessels within Bangladesh. The said Naval Contingent passed command from their ship on those vessels to halt but the vessels did not comply with the command and thereafter these three vessels were arrested by the Naval Contingent. The informant made a list of 42 c..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....er, Kamal-ul-Alam and Sharifullah, Ex Officer of Pubali Bank Ltd, North Patenga Branch, Chittagong misappropriated in Total Taka 92,85,000 by misusing their official capacity and by commission of the criminal breach of trust and forgery during the period from 1-1-86 to 23-7-86 and, as such, first in......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......ul-Alam and Sharifullah, Ex Officer of Pubali Bank Ltd, North Patenga Branch, Chittagong misappropriated in Total Taka 92,85,000 by misusing their official capacity and by commission of the criminal breach of trust and forgery during the period from 1-1-86 to 23-7-86 and, as such, first information ..Category: Criminal Law | Date: | Hits: 53
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....ter him; defendant No. 1 continued possessing said land as his sole heir for more than 12 years by making a dwelling and living therein; and also by cultivation. 11. The plaintiffs started a false criminal case under sections 406 and 420 and destroyed by setting fire the huts of defendant No. 1 o...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......was a 'Benamdar' of Ishaque Ali and defendant No. 1 possessed the suit land as a 'Borgadar' under the plaintiffs to justify any interference by this Division. 20. He submits that defendant No. 2 already admitted to be a 'Benamdar1 of Ishaque Ali Mia by presenting an application in the Court. Upon..Category: Property Law | Date: | Hits: 79
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
.... Vs. State…………………………………………………………………..Respondent. Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is a......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. ...... 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 cast upon the ..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 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. ....... 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. ......xamined none. After hearing the learned Advocate of the parties and considering the materials on record the learned Sessions Judge convicted the accused petitioner under section 19(a) of the Arms Act read with Special Powers Act and sentenced him to suffer rigorous imprisonment for 7 (seven) years a..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....rson would also be knowing the date on which the judgment was delivered and would be obliged, if wishes to file an appeal, to file it within 30 days from the date of judgment as in all other cases of criminal appeal under the Limitation Act. 32. But in the case of a trial alleged to have been hel......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. ......quested him to come at House No. 7 of Block A, Shah Jalal Upo Shahor as he was in trouble. The informant on that telephone call went there along with his friend Md. Rafiqul Islam @ Robu and when they reached there a man called him and took him inside the gate and then and there 5 persons pushed and ..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....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.......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.......rded 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. Thereafter, the case record was transferred to the Court of Session Judge, Chittagong and registered as..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....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....... Ziaul Karim J. - This appeal, at the instance of convict appellant Jalaluddin, is directed against the Judgment and order dated 5-7-2003 passed by the learned Additional Sessions Judge, 4th Court, Mymensingh in Session Case No. 66 of 2002 convicting the appellant under Part-II of section 314 of the......d in his village home at Silasi on the plea of pleasure trip and caused miscarriage without her consent resulting in her death by excessive bleeding on 8-7-2000 at 2-00 PM at the house of accused. Thereafter, the accused shifted the dead body to his father-in-law's house at village Niguari. Having h..Category: Criminal Law | Date: | Hits: 55
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....prosecution case reproducing the first information report version. The narration of the prosecution case should be those statements, which are made on oath by a witness in Court with reference to the criminal offence. 5. Allegations made in the first information report cannot, in any way, be take......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.......report submitted under 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: “আপন..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....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. ......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. ......section 339B of the Cr.P.C. were complied with. At the commencement of trial, charge was framed against the convicts and others under sections 147/148/149/302/114/34 of the Penal Code. The charge was read over to the accused in dock to which they pleaded not guilty and claimed to be tried. 10. At..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....id application for appointment of receiver. After hearing the learned Magistrate passed an order of appointing Officer-in-Charge of Mirsarai police station as receiver. 5. The 2nd party preferred criminal revision under sections 435/439A of the Code of Criminal Procedure before the learned Sessi......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.......ed to take rent of the said shop but having failed; he is trying to dispossess the petitioner from the rightful ownership and possession. The petitioner tried to resist them and there arises serious breach of peace including committing of murder. Therefore, a proceeding under section 144 of the Code..Category: Criminal Law | Date: | Hits: 55
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