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Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....was held valid in the same Writ Petition No. 357 of 1977 by this Court and no new ground was urged in the present petition. 4. Mr. Moazzem Hossain the learned Assistant Attorney General raised a preliminary objection as to the maintainability of this application. He contended that the same orde......neral raised a preliminary objection as to the maintainability of this application. He contended that the same order of detention was previously challenged in Writ Petition No. 357 of 1977 which upon hearing on its merit was rejected and as such the second application is incompetent. 5. Mr. Ser..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......fter moved the Sessions Judge Chittagong for making a Reference to this court for quashing the aforesaid proceedings. The matter was heard by the Additional Judge, Second Court, Chittagong, who after hearing the parties rejected the motion by his order dated 6-4-78 in Criminal Motion No.595/77. ..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......oner in support of his contention referred to the decision in the case of Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231. In that case the party was present in Court with witnesses on the date of hearing. The learned Magistrate did not record the evidence of the witness. On the other hand, he dr..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......Monoruddin were on good terms and they used to take meal in each others house. Secondly, P.Ws. 5, 7 and 8 have stated in their evidence that accused Monoruddin came to the house of the deceased after hearing about his illness in that night. We may also point out that the evidence on record goes to s..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....howdhury Vs. Noor Mohal Begum, (1961) 13 DLR (SC) 138. It was noted that in 13 DLR. (SC) the Supreme Court did not appear to take any exception to the order of attachment passed Immediately after the preliminary order and in that view of the matter considered that the view expressed in Criminal Refe.......P. an opportunity of being heard before he was deprived of the property.” In view of the opinion of the learned Sessions Judge:- “An order of this nature without any enquiry or hearing is highly improper and therefore liable to be quashed,” In this background the Hi..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....howdhury Vs. Noor Mohal Begum, (1961) 13 DLR (SC) 138. It was noted that in 13 DLR. (SC) the Supreme Court did not appear to take any exception to the order of attachment passed immediately after the preliminary order and in that view of the matter considered that the view expressed in Criminal Refe.......P. an opportunity of being heard before he was deprived of the property.” In view of the opinion of the learned Sessions Judge:- “An order of this nature without any enquiry or hearing is highly improper and therefore liable to be quashed,” In this background the Hi..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......Tahsil Office he received a bribe of Rs.15/-from one Abdul Halim. 3.The case was fixed for trial on 20. 5. 75. On 14. 5. 75 a petition was filed on behalf of the accused for shifting the date of hearing on the ground of his serious illness. On 15.5.74 the prayer for shifting the date of trial w..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
...... Kripa Shindu Hazra's case we expressed the opinion that it should be brought before the Court on affidavit, Although we noticed a practice of bringing of the file before the Court at the time of hearing which is commendable no doubt but since justice is to be done, it is better that the respond..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ...... appears, was sent up for trial after investigation by the police under sections 379 and 465 of the Penal Code. The case was being tried by a Magistrate, first class. On a number of dates fixed for hearing, no evidence was produced by the prosecution. As the prosecution failed to adduce any evid..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
...... indulging in political and criminal activity and he did and was about to do prejudicial acts and it is stated that if necessary the relevant records would be produced before the court at the time of hearing. As a point of law it was mentioned that the grounds of detention with the sections of law w..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ...... him. P.W. 4 stated that P.W. 1 asked him to accompany him in securing the arrest of some one who was moving suspiciously in the bazar but he did not accompany him. 3. P.W. 5 stated that on hearing hue and cry he went to the place of occurrence and saw that P W. 1 was showing one revolver ..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......ed an appeal on August 26, 1974 to this Court under section 419 of the Cede of Criminal Procedure read with section 30 of the Special Powers Act, 1974. The appeal came up for hearing before a Division Bench. At the hearing' of the appeal, in view of amendment of section&..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....idal in nature. The Investigating Officer after completing investigation submitted charge sheet against all the 3 accused under section 302 B.P.C. A competent magistrate of Comilla held the preliminary enquiry and after finding a prima facie case made out against the accused committed them......azar he heard, from P.Ws. Matin, Ismail and, Kader that they were going along with his father carrying pan, and that in their presence his father was assaulted with daggers by the accused persons. On hearing this, he has .said, he accompanied, those witnesses to the spot and there also be heard from..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....s situated within the limits of his territorial jurisdiction. If the above elements exist, his Lordship has observed they are sufficient to vest the Magistrate with the jurisdiction to make the preliminary order; and if after having thus validly acquired jurisdiction the Magistrate does not st......ub-divisional Magistrate. Questions relating to the jurisdiction of the Sub-divisional Magistrate himself to pass the impugned order being the subject matter of debate before me, I gave a full length hearing to all the parties and reserved my judgment. Presently, I shall have occasion to express my ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....ned several witnesses. He, however, could not secure the arrest of any of the persons against whom he got evidence. He submitted charge-sheet against the 14 persons on 25.2.66. This was followed by a preliminary enquiry under Chapter XVIII of the Code of Criminal Procedure which was held by a compet...... before the Sessions Court, PW 1 stated that the occurrence took place on Sunday the 9th Magh, 1372 BS after the magrib prayer time. It was dark when he heard a cry "Chur jai, Chur jai". On hearing this he himself and his mother came out and saw the dead body of Askandar Ali lying at a dis..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ....... 19 dated 27-11-82 stopped the proceedings and released the accused petitioners. Thereafter the public prosecutor filed an application for revival of the case and the Additional Sessions Judge after hearing the parties by his order No 24 dated 17-5-83 restored the Sessions Case to its file and numb..Category: Criminal Law, Procedural Law | Date: | Hits: 1
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......h was ante‑mortem and homicidal in nature. 13. P.W. 1 Altaf Hossain and P.W. 11 Nurul Hoque, an inmate of informant's house, were not present in the house at the time of the occurrence, On hearing about the occurrence they went to the house and heard about the same from P.W. 3 Asia Khatun..Category: Criminal Law | Date: | Hits: 2
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......evidence before it, it could be said that the charge against the appellant was established. Much comment was made upon the nonavailability of the witnesses and the documents during the hearing of this appeal which will be noticed in due course but it appears that the time of the alleg..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ...... cogent ground to depart from the same. In view of the above, we find infirmity of the judgment of the High Court Division and we have no option other than to send back the matter on remand for fresh hearing by the High Court Division. 7. The High Court Division shall dispose of the appeal on m..Category: Criminal Law | Date: | Hits: 4
State Vs. Barrister Nazmul Huda and other, 2014, 43 CLC (AD)
....peal on merit afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 212 ......n of its judicial mind'. The manner of the disposal of the appeal is deprecated. 4. This matter was appearing in the list for more than one year and whenever the matter was taken up for hearing, the respondents took adjournment showing various pretexts. This day none appears on behalf ..Category: Criminal Law | Date: | Hits: 2
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