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Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......order dated 9‑10‑2001 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Criminal Appeal No.312 of 2001 rejecting the Memo of appeal on the ground of limitation. 2. The prosecution case, in short, is that one Md. Abdul Quddus, Sergeant, Dhanmondi Traffic Zone, DMP, Dha..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......tion should not be condoned. 2. Heard the learned Advocate for the petitioner and learned Assistant Attorney-General for the State. Perused the application and other relevant papers. 3. The prosecution case, in short, is that one Abdul Gafur filed a case of misappropriation of Taka 9, 60,0..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......section 5(2) of the Prevention of Corruption Act for getting promotion submitting false HSC certificate to which the appellant pleaded not guilty and claimed to be tried according to law. 5. The prosecution has examined as many as 14 witnesses while the defence examined none. 6. After the ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......e framed charges against the opposite party Nos.1 and 2 under sections 323/325 of the Penal Code and also framed charges against other accused persons under section 325 of the Penal Code. 5. The prosecution has examined 12 witnesses including the doctor who issued medical certificate and the in..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......ference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court. B..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......22-223 of the Code of Criminal Procedure framed the charge mechanically and abruptly which is untenable and liable to be set aside. 8. The Investigation Officer examined and recorded statements of prosecution witnesses namely, 1) Mita Roy, mother, 2) Tamej Roy Karmaker, brother of the victim, 3) ..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......allowed. He then submits that the complainant made statement on oath in support of the petition of complaint and also made statement before the Magistrate along with other witnesses in support of the prosecution case and the Inquiry Officer also found the medical certificate issued by Dr. Shahana Fe..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ......d Senior Special Judge, Narayangonj in Special Case No.17 of 1989 acquitting the accused respondents from the charge under section 409 of the Penal Code and section 5(2) of Act II 1947. 2. The prosecution case, in brief, is that on 13.11.1989 the appellant as complainant filed a petition of..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......plained to the accused‑petitioners to which they pleaded not guilty and claimed to be tried and they were defended by their engaged learned Advocate. 4. The prosecution has examined as many as 9 witnesses in support of his case but the defence examined none..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......d section of law. But he, being absconding then, the charge could not be read over to him. Subsequently, he surrendered before the tribunal on 10-4‑2002. 5. In order to substantiate the charge prosecution produced 9 witnesses before the Tribunal below. They were duly cross examined by the lea..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ed at the house when he went there and denies the defence suggestion that the accused was not at home in the morning on 9‑2-1994. This suggestion on behalf of the, accused lends support to the prosecution case that the accused in the morning on 9‑2‑94 left his homestead after commission o..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......ga in Special Tribunal Case No.72 of 1999 convicting both the appellants under section 19(f) and 19A of the Arms Act 1878 and sentencing them to suffer rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that P.W.1 ASI Md. Mosharraf Hossain on 8‑2‑99 at 7‑25 AM lodge..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......tted in respect of a pistol, revolver, rifle (shot-gun or other fire-arm) be punished with imprisonment for life or rigorous imprisonment for a term which shall not be less than ten years." 4. The prosecution under section 19A can be initiated for breach of clauses (a), (c), (e), or (f) of sectio..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......san alias Aman alias Asan were convicted under section 148 of the Penal Code sentencing each of them to a fine of Taka 1000 (one thousand) in default to suffer imprisonment for one month. 2. The prosecution case, in short, is t hat on 17‑3-1983 at about 8‑00 AM when the informant Md. G..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......se No.31 of 2004 arising out of Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......entencing them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for a further period of 2(two) years. 2. The prosecution case, in short, is that P.W.1 Md. Hanifuddin lodged a first information report with Kush..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......onj to show cause as to why the impugned order dated 13‑7‑2003 passed by the learned Additional Sessions Judge, Gopalgonj in Sessions Case No.54 of 2001 rejecting the prayer for withdrawal of the prosecution case against the petitioner should not be set aside. 2. The short facts involved in..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......rt or charge-sheet do not constitute any offence under section 5(1) and 5(2) of Act 11 of 1947. Mr. Anisul Huq also submits it is apparent from the records placed before the Court that at the end the prosecution on these materials will not be enable to bring home the charges levelled against the acc..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......se there is no way out but to file money suit for the purpose of recovery of loan the transaction of extending loan gives rise to civil liability but that does not create any bar to initiate criminal prosecution if the person is also liable to a criminal charge and necessary elements of such offence..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......learned Advocate is that admittedly the appellant was in service during the whole process of the trial starting from lodging of the first information report up to the judgment but no sanction for his prosecution was obtained and, as such, the trial is a nullity. 5. Mr. Abdur Razaq..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
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