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Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......s asked both the parties to withdraw pending cases both in criminal and civil Courts for settlement of the dispute the plaintiffs on good faith filed a petition for dismissal of that suit for non‑prosecution, that in the meantime defendant Nos. 1‑4 illegally transferred some portion of the s..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......of his contention has referred to the case of Abul Hossain Sana Vs. Swalal Agarwala and State reported in 14 DLR (SC) 96. In that case the learned Magistrate discharged the accused for failure of the prosecution to adduce any evidence in spite of several opportunities. The complainant moved the Sess..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
MA Malik Vs. State, 1994, 23 CLC (HCD)
....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......PM as a result Mr. Hussain did not appear in the morning. 10. It has been urged by Mr. Kazi Shahadat Hossain that the allegations made by the informant are absolutely false and fabricated and that prosecution has been motivated by malice so as to cause irreparable injury to the petitioner's reput..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ...... on the other hand, submits that in a case like this the principle of natural justice is not at all attracted in view of the fact that for publishing books the petitioners are also liable to criminal prosecution. In this connection the learned Deputy Attorney-general has referred to the case of Bang..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....misdirected itself in not considering that there was neither any claim for entire dower money in the suit nor the plaintiff filed any cross objection in the appeal filed by the petitioner against the partial decree of the trial Court for dower money and thereby the appellate Court committed error of......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......for life and to pay a fine of Taka 3,000.00 in default, to suffer RI for 6 months more. Both the appeals have been heard together and will be disposed of by this Judgment. 2. Briefly stated, the prosecution case is that, on 8‑7‑90 (Sunday) at 4‑00 P.M. Shahanaz, daughter of Burhanuddin, c..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......DLR (AD) 58 rather, supports the contention of the opposite party that a Magistrate is not bound to accept the final report discharging the accused. If he finds that there are materials which warrant prosecution of the accused he may take cognizance of the offence under section 190(1) (b) of the Cod..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......da, Hasen Ali, Md. Dudu, Mofizuddin alias Chan, Sayeduzzaman and Abdur Rahman under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life. 2. The prosecution case, in short, is that, about 2 years before the occurrence accused Abdus Samad Mondal,..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ...... The appeal is allowed. Tender of pardon to accomplice The sole purpose of granting pardon to an accused in specified offences is to procure evidence against other accused persons when prosecution is faced with the difficulty of gathering evidence to bring home the charge against them..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ...... admission of his guilt and sentencing him to suffer rigorous imprisonment for 2 years and to pay a fine of Taka 10,000.00, in default to suffer rigorous imprisonment for six months more. 2. The prosecution case, in short, is that accused Shaheb Ali Miah, a member of Nagarkanda. Union Parishad ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......and Parvin Begum under section 19(1)(Ka) of the Narcotic Control Act 1990 and the same was read out and explained to them when they pleaded not guilty to the same and claimed to be tried. 3. The prosecution examined in all only 3 P.Ws. including the informant P.W. 1 but the defence examined non..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......;………………Opposite Party Judgment July 27, 1993. Result: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally imp..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......he heard groaning sound from the hut of accused Rahim and also heard accused Abdus Sattar shouting and on the following day i.e. on 11.12.87 Tamiruddin asked Sattar to keep quiet. Further case of the prosecution was that victim Kalam married Ramjan Ali's daughter Rasheda P.W. 3 but the couple di..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......dge, Dhaka against both the aforesaid orders of his dismissal from services, that the suit was dismissed for default on 21.5.87 and that thereafter he filed an application against dismissal for non‑prosecution on 29.9.85 Thereafter after knowing that his departmental appeal had been dismissed, he ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ith death shall have legal assistance at his trial and the Court should provide an advocate to plead for the defence unless they certify that the accused can afford to do so. 3. The case for the prosecution, in brief, is that victim Meher Negar, aged about 16 years (daughter of P.W. 3 Abdul Wah..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
.... Chan Mia, we find in the first column of the printed form that he was produced at the Office chamber of the learned Magistrate Mr. Mehdi Hassan on 1.6.86 at 10 a.m. and thereafter in column 2 he has partially filled up this column showing the date of arrest of accused Chan Mia on 29.5.86. Thereafte......rzapur P.S. Case No.4 1986. As all the appeals arose out of the same impugned judgment and Order, those have been a heard together and are being disposed of by the following one judgment. 2. The prosecution Case as made out in the F.I.R. lodged by P.W.1 Md. Abdur Rashid on 9.5.86 at 23:45 hours..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......le is made absolute. Issue framed or decided on Merit Since an issue was framed by the Court and judgment declared it ought to have decided the issue on merit and not dismissed it for non‑prosecution. The court could either frame the issue and decide it on merit or dismiss the applicatio..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......alitatively different from punitive detention. The power of preventive detention is precautionary power exercised on reasonable anticipation. It is not a parallel proceeding, it does not overlap with prosecution. 14. The reasonings are obvious and it is to the effect that a preventive detention..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......e read with section 5(2) of Act II of 1947 and sentenced them to suffer rigorous Imprisonment for two years with a fine of Taka 5,912.00 each, in default to suffer SI for two months more. 2. The prosecution case, in short, is that the Sub‑Divisional Depot Superintendent of Jamuna Oil Co. Ltd...Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......tried in one trial. For considering the propriety of joinder of charges in such a case, section 235 (1) is relevant but the principle involved is more or less the same as in section 239 (d). The prosecution case against the accused, a Reserve Inspector of Police, was that he carne on a visit to..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
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