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Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ...... corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Inspector Enamul Kabir as informant lodged..Category: Criminal Law | Date: | Hits: 77
Category: Environmental Law | Date: | Hits: 434
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ttacked and murdered by accused Mosta Miah, Milon Miah and others. As a result Mithapukur Police Station Case No.9 dated 7.8.2001 was started against the two petitioners and three others. 3. The prosecution case, in short, is that while at about 9.00 a.m., the nephew of the informant, named Sha..Category: Criminal Law | Date: | Hits: 60
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......ned Judge took cognizance of the offence by an order dated 01.08.2004 and framed charge, against the accuseds, under sections 406/420/409 of the Penal Code by an order dated 10.10.2004. During trial, prosecution has examined 10 witnesses. In the course of trial, on 15.01.2007, the accused petitioner..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......e arrangement. Certified copy of the order passed in the aforesaid writ petition No.10946 of 2006 shows that on the prayer of the petitioners the rule of the said writ petition was discharged for non-prosecution by order dated 13.12.2006. 15. The petitioners in their writ petition has annexed a l..Category: Civil Law | Date: | Hits: 112
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......……………………………….Respondent Judgment August 1 of 2006. Result The appeal is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case beyond reasonable doubt by adducing independent witnesses, the a..Category: Criminal Law | Date: | Hits: 95
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....or one month. 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: 15 BLT (HCD) (2007) 57. ......Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further rigorous imprisonment for one year. 2. Short prosecution case is that on 12.8.1998 appellant Raqib without the consent of his wife, deceased Anow..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......abuse of process of the Court. Thirdly, he submits that after submitting resignation letter the authority of BRB cables became jealous to the accused petitioner and initiated the instant malicious prosecution on the basis of an omnibus allegation without any legal basis, which is nothing but to h..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ....... The State…………………………………………………………….Respondent Judgment March 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......on 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of taka 10,000/- in default to suffer rigorous imprisonment for one year more. 2. The case of the prosecution as stated by P.W.1, Md. Yad Ali, the informant, in short, was that deceased Shaheda Khat..Category: Criminal Law | Date: | Hits: 80
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......e against the accused and that the charge brought by the complainant against the accused is groundless. In case where prima facie case is not disclosed, the Magistrate has to state the case for the prosecution and give a finding that even if the whole case for the prosecution as believed, no offen..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ...... the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer RI for 4(four) years and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more. 2. The prosecution case, in short, is that one Md. Ismail Mandal (since dead) Deputy Director of Social Wel..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......as fixed for framing charge on 22‑2‑90. On that date that petitioner filed an application for stopping the proceeding but the learned Special Judge rejected the prayer on the ground that both the prosecution and accused obtained adjournment and upheld the framing of charge. 4. From the above ..Category: Procedural Law | Date: | Hits: 95
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......ority. 6. Mr. Manzill Murshid, learned Advocate appearing in support of the Rule submits that since the matter has been dealt with by a Court martial there cannot be any further criminal prosecution in view of Article 35(2) of the Constitution. However, he points out that the reduction ..Category: Others | Date: | Hits: 87
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......n Case No.2(4) of 1996 under Section 394 of the Penal Code. The police after investigation submitted a charge sheet under section 394 of the Penal Code against the accused persons. 3. In the trial prosecution examined 5 witnesses out of whom P.W.4 was tendered by the prosecution but the defence d..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......ged from criminal nature to civil nature. He next submits that, there was delay of about 2(two) years in lodging the F.I.R and the delay has not been satisfactorily explained. That casts doubt on the prosecution case. He finally submits that, the accused No.3 has been discharged from this case and t..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......each of them to suffer rigorous imprisonment of 2(two) years and also to pay a fine of taka 10,000 (Taka ten thousand) in default to suffer simple imprisonment for 3(three) months more. 3. The prosecution story, in brief, is that the Joint Forces on 04-2-2007 at 1.00AM raided the residence of..Category: Criminal Law | Date: | Hits: 109
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....uity subject to the limitation under section 30(e) as "leave pay and gratuity are benefit to an employee” for which provision of perquisites are allowable expenditure. However, the Tribunal allowed partial expenditure on this head and in deciding a reference application it is not permissible to as......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......Judgment November 24, 2004. Result: The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecution but minor discrepancies in the evidence will not make the prosecution case doubtful. Dis..Category: Criminal Law | Date: | Hits: 79
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......all make an award determining the amount of compensation due for the damage suffered by the owner, in consequence of the notice or of any proceedings and the costs reasonably incurred by him in the prosecution of the proceedings relating to the property in question and shall pay compensation acc..Category: Property Law | Date: | Hits: 62