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Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)

....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......4) On 10-1-1993, Charge sheet dated 30-12-1992 was filed in the Court of Magistrate, and it was accepted and warrants of arrest were issued by the Magistrate. (5) On 11-1-1994, five of the seven accused persons first appeared in the Court of Magistrate. (6) On 18-4-1993, charge was framed ..

Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80

Somed Ali Vs. State, 2011, 40 CLC (AD)

....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ...... the trial, the learned Sessions Judge by his judgment and order dated 19.10.2003 found the petitioner guilty under section 302 of the Penal Code and sentenced him to death and acquitted the other co-accused of the charges brought against them. The learned Sessions Judge submitted the proceedings to..

Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

.... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ......oral or circumstantial. It can only be proved by number of circumstances for which a reason­able inference can be drawn. There is no doubt that mens rea or criminal intention is mental act of the accused persons which is required to be unearthed either by circumstantial or oral evidence to be ad..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96

Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)

....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......s - For the opposite-party No.2 (Anti-Corruption Commission).  Criminal Miscellaneous Case No.21979 of 2009. Judgment Khondker Musa Khaled J.- On the applica­tion filed by the accused-petitioner under section 561A of the Code of Criminal Procedure, this Rule was issued on 15-..

Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161

Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)

.... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......ional Chief Judicial Magistrate Court, Tangail. 2. The facts, leading to the filing of this petition, in short, are: 3. Complainant-respondent No.2 filed a petition of complaint against the accused-leave petitioner bringing in allegations under sections 420/467/408 of the Penal Code allegi..

Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3

Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)

....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......he instance of the informant is directed against the Order dated 6-3-2006 passed by the Nari-o-Shishu Nirjatan Daman Tribunal No.1, Magura in Nari-o-Shishu Nirjatan Case No.43 of 2006 discharging the accused respondent No.1 from the charge brought against him accepting the final report and giving ap..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70

Golam Ahmed Vs. State, 2011, 40 CLC (HCD)

....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......h the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully aware of Muslim marriage. She willingly surrendered herself to the carnal desire of the accused. After living together as husband and wife for six years the vic­tim moved the court of law..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233

Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)

....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. .............................................Opposite Party Judgment December 7, 2011. Result: The Rule is to be discharged. Lawyers Involved: Golam Kibria, Advocate - For the accused Petitioner. Zahirul Hoque Zahir, Deputy Assistant-General - For the State. Crimin..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126

Shahjahan Vs. State, 2011, 40 CLC (HCD)

....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......hed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The accused Md. Bazlur Rahman alias Kismat is the brother-in-law (sister's husband) of the informant Md...

Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53

Jakir Hazi Vs. State, 2011, 40 CLC (HCD)

....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......llip;.......Opposite-party Judgment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis of confessional ..

Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

....nvicted the appellant's persons on hypothesis. 25. Next point considered by the Tribunal and relied by the learned Additional Attorney-General is the abscondence of the appellants. Mere the act of absconding by itself does not necessarily lead to a firm conclusion of guilty mind or strong circums......tever might be the brutality of the incident, according to our criminal jurispru­dence which is being followed since the end of nine­teenth century by the superior Courts of the subcon­tinent, the accused is to be treated as innocent until the prosecution proves its case beyond any shadow of doub..

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......wledge or that he exer­cised all diligent to prevent its commis­sion be deemed to be guilty of the offence. Following Sub-section (2) of section 24 of the Ordinance, the onus lies on the accused to prove that he is not guilty of the alleged offence. This provision of law is some extend ..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)

....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed out by him, in the absence of any ..

Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

....led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......tion case as projected in the first information report and unfurled at trial are that Mosammat Sakhina Khatun alias Sakhina (since deceased) elder sister of Md. Jahangir Alam (P.W.1) was married with accused Md. Hasibul Hasan alias Loton before 18 years. She was living with her accused husband in th..

Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114

Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)

....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......where it has been held by their Lordships that "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." He further submits..

Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

.... of the reference and dismissal of the appeals. 8. Mr. Khondker Gulzar Hossain along with Mrs. Khalifa Shamsun Nahar Bari, the learned Advocate appearing on behalf of the-condemned prisoners and absconding convict makes his submissions opposing the reference and supporting the appeals. He submi...... under section 374 of the Code of Criminal Procedure (in short, the Code) has been sub­mitted by the learned Sessions Judge, Meherpur for confirmation of sentence of death awarded by him upon the accused Rustom, Rahman and Enamul convicting them under sections 302/34 of the Penal Code by the jud..

Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....report submitted the police report under section 302 of the Penal Code recommending the trial of accused Matiur Rahman @ Mati. Police could not arrest accused Matiur Rahman @ Mati and since he was an absconding accused although the trial state defence lawyer was appointed by the trial court to defen......an @ Mati.................Condemned Prisoner Judgment October 25, 2011.  Result: The death reference is accepted. Proving of motive, not an essential element to find the accused guilty It is now almost an obsolete dogma that in a criminal case proving of motive is ..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)

.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... that section 27 of the Ain does not confer any authority upon the Nari-o-Shishu Nirjatan Damon Tribunal to entertain any naraji petition. The Tribunal can only accept an enquiry report favouring the accused and discharge them or without accepting the report, can take cognizance of offence against t..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199

Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)

....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......ashir Ullah, Assistant Attorney General, Md. Osman Goni, Assistant Attorney General -For the respondent. Criminal Appeal No. 826 of 2005 Judgment Syed Md. Ziaul Karim J.- By this appeal, the accused-appellants have challenged the legality and propriety of order dated 23-02-2005 passed by le..

Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148

Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)

....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court con­cerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......i-Corruption Commission. Criminal Revision No.706 of 1993. Judgment Md. Ashfaqul Islam J.- In an application under section 561A of the Code of Criminal Procedure at the instance of the accused-petitioner Bahauddin Haider this Rule was issued calling upon the Deputy Commissioner, Dhaka..

Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195