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....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......‑04 for sanction. But the Office of the Hon'ble Prime Minister by a memo dated 22‑4-04 addressed to the respondent No.4 (Metropolitan Sessions Judge Dhaka) declined to accord any sanction for prosecution against the respondent Nos.5 and 6 vide Annexure‑D2. A copy of this letter dated 22‑..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......r two years. 2. Leave was granted to consider the question whether the High Court Division acted illegally in convicting all the accused under sections 302/149 of the Penal Code when the prosecution failed to prove that victim Fatik Mia was killed in prosecution of the common object of ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......the provision of section 6(5) of the Criminal Law Amendment Act, 1958 and the proviso thereof. The learned Special Judge wrote to the Government on 1‑7‑1990 for according sanction for the prosecution of the respondent No. 1 and in reply thereof the authority on 8‑9‑1990 wrote..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......y 31, 2004. Result: The leave petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 494 To give consent or not for withdrawal of an accused from prosecution is a discretion of the Court. Exercise of such discretion cannot ordinarily be questione..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
...... the Negotiable Instruments Act (Act XXIV/1881) should not be set aside or pass such other order or further order or orders as to this court may seem fit and proper.
2. In short, the case of the prosecution for the purpose of disposal of this Rule is as follows:
Complainant-opposite party ..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......risoner filed criminal petition for leave to appeal. 10. This Division, upon hearing the learned Counsel of the condemned prisoner, dismissed the petition so filed on the findings that prosecution through the evidence of PW 1 has established the fact of demand of dowry by the condemn..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... appeal. 3. In support of the appeal, Mr. Mainul Hosein, learned Senior Advocate submits, inter alia, that there being no apprehension or doubt expressed about the fairness or impartiality of the trial in the Court of Sessions. Judge at Munshiganj and the prosecution or any ot......arned Senior Advocate submits, inter alia, that there being no apprehension or doubt expressed about the fairness or impartiality of the trial in the Court of Sessions. Judge at Munshiganj and the prosecution or any other party not taking any initiative for transferring the case on any such grou..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ......na 281. 15. Where an appeal is dismissed under sub-rule (2) of rule 11 of Order XLI of the Code of Civil Procedure or under rule 17 for non‑appearance of the appellant or rule 15A for non-prosecution for failure of the appellant in taking steps asked for or rule 18 for failure of the app..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......iction he was sentenced to death. 9. In the case there is no eye‑witness of murder of wife Hasi Begum. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to produce in witness box any ocular evidence for the commission of murder. It is to be ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......onduct hearing of the Sessions Case and accordingly, appointed Mr. Kh Abdul Mannan as the Special Public Prosecutor, that writ‑petitioner's appointment was terminated in the interest of fair prosecution of the Session Case and to ensure justice and that also for expeditious disposal of the..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... granted to consider the question while direction was given by the Appellate Division in the interest of justice to appoint Special Public Prosecutor to conduct the Sessions Case No. 120 of 1993 impartially whether the said order can be negatived by removing the Special Public Prosecutor who had......d in respect of death of the employee of Titas Gas Company in the incident of 9‑7‑1992. It was the contention of Mr. SM Jillur Rahman that he, as the informant, being interested in the prosecution of the accused persons who have been placed on trial in Sessions Case No. 120 of 1993 o..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......determine whether the delay constitutes abuse of the process of the Court or not. But one thing is to be kept in mind that in case delay in concluding the trial is due to circumstances over which the prosecution has no control or factors which are outside the control of the prosecution or the delay ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......uch as review is neither a rehearing of the matter once again nor an appeal. 10. On perusal of the impugned judgment it appears that this Court considered the assessment of evidence of prosecution witnesses made by the High Court Division upon consideration of the individual convict..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......arty who is guilty of laches as the premium of negligence or laches, nor to a party, as in the instant case, reluctant for the reason(s) best known to him to do something or to fill up the gap in the prosecution of the case. 8. The order of remand by the Court should except in air exceptional c..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... imprisonment of 6 (six) months. The Tribunal in convicting and sentencing the convict-petitioner relied upon the evidences of the PWs whose evidences were found trustworthy and who have proved the prosecution case beyond any reasonable doubt. We do not find that the learned Tribunal committed any..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ced him to death by a judgment and order dated 27th day of September, 2001. The condemned prisoner subsequently prefer an appeal from jail. These matters are disposed of by this judgment. 2. The prosecution case has been narrated by Mohd. Ayub Ali Mollah which is as follows: The occurrence..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....habak, P.W.6 Saheb Ali, P.W.4 Abdul Mannan and others accused Anjuara Khatun laid bare that she laid strike on throat of Tipu Sultan with spade. 20. P.W.13 Md. Abdul Aziz performed Investigation partially. He inspected place of occurrence, prepared map and index, recorded statements of witnesse......eized P.W.11 Md. Altaf Hossain, P.W.13 Md. Abdul Aziz and P.W.14 Sub Inspector of Police Md. Ataur Rahman. 10. P.W.1 Abdul Hamid is maternal uncle of Tipu Sultan and informant of case. He stated prosecution case and proved First Information Report, Exhibit 2. He found that Tipu Sultan at about ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... that after the occurrence he told her in presence of Parul and Nazma about the incident and that he was apprehended by her husband Tazul Islam and thereafter, he was made over to police. 9. The prosecution tendered P.W.4 Abdul Jabbar. In cross-examination this witness stated that he was the mo..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ......er both the sections and to pay a fine of Taka 1000/on both counts, in default to suffer rigorous imprisonment for a period of one month and both the sentences were to be run concurrently. 2. The prosecution case, in brief, is that informant, Abdur Rouf, Assistant Commissioner (Land) Mirzapur, T..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
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