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Displaying 321-340 of 1965 results.
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......section who pleaded not guilty. Prosecution, in support of its case, has examined 6 witnesses and the defence has examined one witness. Defence case reveals from the trend of suggestions given to the prosecution witnesses as well as from the evidence of DW 1 is that, the condemned prisoner has been ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......f 15 days, but for that the evidence of the said witness cannot be thrown away when there is nothing in his evidence to consider him unreliable. It has also been submitted by the learned Counsel that prosecution in proving its case did nor examine any independent witness and the witnesses figured as..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ...... 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the prosecution to come to a considered finding that there is no sufficient ground for proceeding agains..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......upon a petition of complaint. A case registered upon lodging of an Ejaher in a police station and culminating in filing of charge‑sheet and thereupon person (s) so recommended by the police for prosecution was put on trial and the trial ends in acquittal and thereupon if Government files an ap..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ...... 23 dated 19‑51999. GR Case No. 632 of 1999) and dismissing the Criminal Appeal No. 862 of 2000 filed by him against the order of conviction and sentence as aforesaid. 2. The case of the prosecution, in brief, is that over the Khulna ferry ghat affairs condemned prisoner Ershad Ali Skid..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ...... on the person of deceased Rehana Begum. Of them two (2) injuries were found on right labial major and left labial major and cause of death was attributed to injuries caused. 5. A bird's view of prosecution case tabled in First Information Report and spelt out during trial was that, Tara Begum,..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......8209; Nirjatan (Bishesh Bidhan) Ain, 1995 against the present appellants. At the initial stage the appellant Foran was absconding but before the trial started he voluntarily surrendered. Then 6 (six) prosecution witnesses were examined including the informant, the victim, mother of the victim and in..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......or the petitioner, submitted that the High Court Division committed an error of law in not holding the view that the conviction and sentence passed by the Special Tribunal Judge without examining the prosecution witnesses is illegal and without jurisdiction being violative of settled principles of l..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......109 of the Penal Code and sentencing him to suffer rigorous imprisonment for 2 years and to pay fine of Taka 2,000, in default, to suffer rigorous imprisonment for one month more. 2. The prosecution case, in short, is that one Biresh Chandra Das, a co‑villager, as complainant file..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ...... case was ultimately brought before the Special Judge. Dhaka Division for holding trial for allegations of offence under section 161 of the Penal Code read with section 5(2) of Act II of 1947. As the prosecution failed to produce any witness within the specified period of time the criminal proceedin..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......reinafter shall be referred to as said Ain) and sentencing him to imprisonment for life as well as to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for two years more. 2. The prosecution case, in brief, is that the accused-a 'bhanda Peer' of the locality‑ used to persuade ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... said incident PW 1 filed the 'ejahar' on June 29, 1992 at 19‑30 hours and thereupon Barisal PS Case No. 43 dated 29‑6‑1992 was started. In due course on completion of investigation prosecution report was submitted under various sections of the Penal Code against 12 accused persons..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......d-interim order of stay of all further proceeding of the said Title Suit. The said appellant, however, in order to get the suit disposed of expeditiously instructed to get the rule discharged for non-prosecution and accordingly filed an application on 14.11.2000 praying for discharging the rule fo..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......9;1-2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 9916 of 2002 making the Rule absolute and enlarging the respondents on bail. 2. The prosecution case, in short, is that in the night following 1‑1‑2002 one Alam, an industr..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......where in the police report that the informant filed a false case and the learned Tribunal also did not arrive at any such finding on assigning any reason that the informant initiated a false criminal prosecution against the accused persons. The learned Advocate further submits that sub‑section (2)..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......ditional Sessions Judge, Court No. 1, Dhaka, maintaining the conviction and sentence of imprisonment for 1 year and reducing the sentence of fine from Taka 1,80,00,000 to 90,00,000. 2. The prosecution case is that, the complainant petitioner and convict respondents are partners and run th..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....ittee and prosecution case of misappropriation of wheat has not been wholly proved but only proved to the extent of 8 metric tons of wheat and the charge of misappropriation has been proved only partially against the appellant No. 1. 9. Leave has been granted to consider the submissio......or the development of the field of a school and for filling up of a pond and a ditch, the other 2 accused (since acquitted) were members of the Project committee. It has been alleged by the prosecution that appellant lifted 69 metric tons (MT) of wheat in three equal installments of 2..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......venile accused in appropriate cases. Order of discharge may also be sough for pursuant section 53 of the Children Act 1974. 3) The Government also do consider withdrawal of Juvenile accused from prosecution Under Section 494 of the Code of Criminal Procedure in appropriate cases Specially fro..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......bsp; Judgment March 24, 2003. The Evidence Act, 1872 (I of 1872), Section 154 Evidence of a hostile witness is of no worth for the prosecution. However on consideration of such evidence along with other evidence if case of the pro..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......he petitions Mr. Abdul Malek, learned Senior Advocate appeared with Mr. Kazi Shahadat Hossain, Advocate. In their submissions they assailed the impugned judgment submitting, inter alia, that prosecution failed to prove the case which is improbable and that there being two different medical..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
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