BD Law Reports(BLR) Online Legal Sources of Higher Court Decisions

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Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 Partition Suit Between The Co-Sharers Nari-O-Shishu Nirjatan Daman Ain, 2000 (VIII of 2000) Section 7 How to stay of Civil Suits ? Court Sentenced 14 Militants to Death of Kotali para Case Judgment of Kotali Para Sedition Case on Tuesday Action Tips For Pending Action Based On Laws And Decisions To Enforce. How About An Advocate Status Engaging Cause of And Promoting Justice? Natural Justice Even Where Provision For Show Cause Notice The Government Has No Obligation Either To Deny The Facts Alleged

Inquiry is to be Made by a Magistrate or Any Person Directed by the Court

Inquiry is to be made by a Magistrate or any person directed by the Court,where as, the investigation has to be made by a police officer or by a person ( other than a Magistrate) who is authorized by Magistrate in this behalf. To investigate into a cognizable offence,no order of a Magistrate is necessary. Investigation is totally a different concept from that of inquiry– State vs Secretary, Ministry of Public Administration (Criminal),67 DLR (AD) (2015) 271 ,Section 4 (K) L.

The Legislation has not contemplated investigation

The Legislation has not contemplated investigation into a case by two investigation agencies at a time or simultaneously. A reading of this section does not also show that investigation into a case by two investigation agencies can be done at a time or simultaneously. State vs Secretary , Ministry of Public Administration (Criminal) 67 DLR (AD) (2015) 271 (Section 156,167 and 173)

Mere Delay in Recording the Statement of a witness

Mere delay in recording the statement of a witness by the investigation officer can not be sole ground to discard his evidence,if he withstands the test of cross-examination and thus appears to be truthful witness.as may as 3 (three) different police officers investigated the case,and it appears to us that the change of investigation officer also contributed to the delay in examining them. —State vs Abdul kader @ Mobile Kader (Criminal) 67 DLR (AD) (2015)6 , (Section 161)

Retraction of a confession has no bearing whatsoever

Retraction of a confession has no bearing whatsoever if it was voluntarily made so far the maker is concern. It is, however,very weak type of a fact like any other fact and it can not be the basis cor conviction of a co-accused.—— (Per SK Sinha, J agrreing with Md Abdul wahab Miah,J ) State vs Abdul Kader @ Mobile Kader (Criminal) 67 DLR (AD) (2015) 6,Section 164(3)