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Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ...... order made, direction issued, or procee­ding taken under this Act, or purporting to have been so made, issued or taken, as the case may be, shall be called in question in any Court, and no suit, prosecution or other legal proceeding shall lie against the Government or any person for anything in..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

....ront of the neck which discontinued from below both the ear lobules. 4. No ecehymosis below and above the ligature mark. On dissection he found, 1. Maematoma on the forantal & both partial region of the scalp. 2. Clotted blood on the whole of occi­pital lode of the brain.......onment for 10 years for committing offence under section 304 Part I of the Penal Code. No sentence has been passed for committing offence under section 201 of the Penal Code. 2. The case for the prosecution, in brief, is that deceased Lutfunessa (aged 20 years) was the wife of accused Noor Moha..

Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ....... The accused, however, did not turn up at the time of trial and the Magistrate proceeded under section 339B (2) Cr.P.C. and tried him in absentia. Seven (7) witnesses were examined in support of the prosecution case and the receipt said to have been granted by the accused for the money taken from t..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......y. The accused, however, did not turn up at the time of trial and the Magistrate proceeded under section 139B(2) Cr.P.C. and tried him in absentia. Seven (7) witnesses were examined in support of the prosecution case and the receipt said to have been granted by the accused for the money taken from t..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......ntimation to Lower Court to this effect." 9. The police did not submit charge sheet in the said case stating that a gun was used while committing the offence which means that it was not the prosecution case that a gun was used while committing the offence. The Sessions Judge and Ex-Officio..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)

....l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ......cted the two appellants under sections 302/34 of the Penal Code and sentenced them to suffer transportation for life. Against the said order the two appellants have preferred this appeal. 2. The prosecution case as stated by the informant P.W.1 Abu Siddique are as follows: On 16.1.83 at ab..

Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1

Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)

....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ......eferred the case for an order of the High Court Division. It is because the High Court Division exclusively exercises the power of quashing.- No investigation as to the truth or otherwise of the prosecution case permissible in a proceeding for quashing at the stage the Sub-Divisional Magistrate..

Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ......onab Md. Ismail and Jonab Monu Mia) of the complainant and two nominees (Jonab Abul Khair and Haji Md. Ilias) of the accused persons. On 1.1.83 the said four nominees as well as Chairman examined the prosecution witnesses as well as examined the papers filed by the defence. It is in the order dated ..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18.   ......pleaded not guilty. The two absconding accused, namely accused Abdul Mannan and accused Nurul Abrar were to be tried in absentia. The Metropolitan Mag­istrate fixed 6.12.82 for examination of the prosecution witnesses, but on the said date the complainant was absent by petition for time on the g..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ......dure and accordingly he showed him the procedure on 6-12-83 with his consent. 22. Mr. Sultan Ahmed, learned De­puty Attorney General who was asked by the Court to appear in the Rules for the prosecution of the contemner, has produced before us Notification No. JAIV/19/83-956 dated 10-11-83 ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)

....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53.   ......3 against the aforesaid order of conviction and sentence. Both the Death Reference Case and the Cri­minal Appeal have been heard together and will be disposed of by the same judgment. 3. The prosecution case as stated by the informant P.W.1 Dula Mia at the trial is that deceased Abdur Rashi..

Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ......Nawabganj, Rajshahi by his judgment and other dated 2-1-84 in Sessions Case No.83 of 1983. Both the two appeals have been heard together and will be disposed of by the same judgment. 2. The prosecution case as stated by the informant P.W.1 Monsur Rahman at the trial is that on 23-1-80 afte..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)

....accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97.     ......is power under section 167(6) Cr.P.C. The irregular order passing on 26.7.83 could have been set aside by this Court if the accused petitioner had come before us soon thereafter. But the right of the prosecution to move the Sessions Judge under sub-section (6) of section 167 Cr.P.C. accrued after th..

Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1

Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)

..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ...... that night she opened the door. She asked Shaheb Ali to talk to her husband and she herself went out of the hut. On coming back she found her husband dead lying slaughtered. 5. At the trial the prosecution examined 9 witnesses and tendered 3 witnesses namely P.W.6 Abul Kalam, P.W.7 Abu Bakar a..

Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6

Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ......dge, Pabna convicting the five accused appellants under section 302/34 of the Penal Code and sentencing each of then to transportation for life and to pay a fine of Tk. 1000/00. 2. The prosecution case was that on 14.2.81 deceased Shantu was coming to attend his duty at Al-haj Textile..

Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

.... same ground. It is too far to infer any clement of biasness upon such exercise of judicial discretion. 5. In support of the further apprehension of the petitioner of not getting fair and im­partial trial, if the case is tried by the learned Judge, the learned Advocate has submitted that th......ver, the learned Advocate of the peti­tioner was taking step to get both the cases tried together. Upon the above facts it is alleged that the petitioner has reasonable apprehension that the prosecution may not get fair and impar­tial trial before the said learned Additional Sessions Ju..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......cate Mr. Mustafa Niaz Muhammad, from Bandarban Jail on 6-2-1984 which is said to be the date of surrender of the accused appellant to custody after his conviction on 23-1-84. 2. The case for the prosecution, in brief, is that deceased Rabi Chandra Chakma, a candidate for S.S.C. examination is s..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

.... was only one eye-witness giving three inconsi­stent versions at three different stages. The Court found it difficult to place reliance on the delayed identification test based on a momentary and partial glimpse of the face of the assailant in torch light. Reliance has also been placed on t......) Identification parade belongs to investigation stage. Identification of the accused soon after arrest is of vital importance in the interest of justice and fairplay both to the accused and the prosecution……….. (12) According to157 of the Evidence Act, former statemen..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6

Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)

.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ......the discharge of the petitioner. The Managing Director prosecuted the petitioner falsely and the peti­tioner reserves the right to bring appropriate action against the Managing Director for false prosecution. 5. Since this is not an application under section 38 of the Companies Act, it is n..

Category: Company Law | Date: 26 Apr, 1984 | Hits: 6

Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

.... Development Committee as admitted by P.W. 3 Sukendu Bikash Chakrabarty has raised donations and subscriptions and after obtaining donation and subscription from various sources, the Mandir which was partially destroyed by the Pakistan Army was reconstructed and developed and the deity was reinstall......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221       ..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2