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Displaying 561-580 of 1965 results.
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..Category: Criminal Law | Date: | Hits: 90
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......sed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicting the appellant under section 493 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years. 2. The prosecution case was that the appellant Md. Jalaluddin alias Badsha was the neighbour of complaina..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ow that the case ended in conviction and in sentence ofdeath on Colonel Abu Taher and for different terms ofsentence on other accused by a pronouncement dated 17/07/1976. The trial was not fair and impartial under the Martial Law dispensation. Lt. Colonel Abu Taher, BU muchbefore the trial by the Sp......andcuffed and barefooted and were all put inside a barbedcage as if they were roman slaves. 34. Neither them nor the lawyers appearing for different accused, were ever allowed to cross examine the prosecution witnesses; they were escorted by guards to the court and were hurriedly taken away after..Category: Criminal Law | Date: | Hits: 154
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... offences by examining the complainant under section 200 of the Code and by examining the witnesses cited in the complainant and that permission of the concerned authority should have been sought for prosecution of the accused person. 10. It appears from the materials on record that the petitione..Category: Procedural Law | Date: | Hits: 92
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....sy. It committed a serious error in presuming the guilt of convict-appellants and trying, thereafter, to find out the other reason to justify such a conclusion without an objective, independent and impartial analysis or assessment of evidences and materials brought on record before recording a findi...... credible and unimpeachable evidence, question of indicting or punishing an accused does not arise. Right of accused to obtain benefit of reasonable doubt is the necessary outcome and counter part of prosecution undeniable duty to establish its case beyond reasonable doubt. Prosecution version is re..Category: Criminal Law | Date: | Hits: 83
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......8) The High Court Division while exercising power under section 561A should not usurp the jurisdiction of the trial court. The power under the section has been vested in the High Court to quash a prosecution which amounts to abuse of the process of the court. It cannot be exercised by the High C..Category: Procedural Law | Date: | Hits: 79
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......index thereof, and examined the witnesses under section 161 CrPC and thereafter finding a prima facie case against the accused-appellants and others submitted the charge-sheet. 4. In this case the prosecution examined 11 witnesses in support of the charge. Defence however did not examine any witn..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......n such proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate". 9. This is a point which goes to the root of the case and makes the prosecution bad for want of complaint by Court concerned. The want of plaint under section 195 is in..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....el-Begunbari lake, said the state minister for housing and public works." 4. The 15 storey building stands defying the law as a tall and odd Monumental structure to eclipse the main lake, at least partially, said citizens’ and environmental groups. 5. The State Minister, for Housing and Publ......িন্মে ধারাটি উপস্থাপন করা হইলঃ- 52A. Registering Officer not to register unless certain particulars are included in an instrument of sale. Upon prosecution of an instrument of sale of any immovable property, the Registering Officer shall not re..Category: Constitutional Law | Date: | Hits: 642
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... Vs. Abul Hossain reported in 48 DLR (AD) 213 wherein it has been held: "A criminal proceeding cannot be quashed on the basis of defence materials which are still not part of the materials for the prosecution. The High Court Division deviated from well known norms of disposal of an application fo..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......ers passed as to this Court may seem fit and proper. 2. Mr. Md. Badrudduza the learned advocate appearing on behalf of the accused petitioner submits that considering the case as made out by the prosecution in the FIR the High Court Division granted an ad-interim bail on the date of issuance of..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......er 25-07-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal case No.578 of 2010 should not be set-aside and directed to opposite parties to set the victim at liberty. 2. The prosecution story in short is that Md. Abul Hossain filed a complaint case before the learned Nari-o..Category: Criminal Law | Date: | Hits: 176
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......ond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....he case of Kruse Vs. Johnson Lord Russell, (1898) 2 QB 91, Mahmudul Islam in Constitutional Law of Bangladesh, Second Edition at page-380 quoted as under: "If for instance byelaws were found to be partial and unequal in their operation as between different classes; if they disclosed bad faith; if......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... set the law in motion. So even if the GD is treated as the FIR, and the formal FIR as a statement recorded under section 161 of the Code, 1898, that does not in any way affect the credibility of the prosecution case or the evidence on record as a whole……......….(34) Case Referred to- Th..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....orney-General as well as admitted possession of a good number of private defendants by virtue of decrees of law Courts and various registered and other title documents. 48. The land is shown to be partially agricultural and partially low-lying in which condition the plaintiff allegedly used to ...... is not permissible in law. 25. Mr. Mahbubey Alam, learned Attorney-General, appeared on behalf of the Government and submitted before us that a bare glance through the records of the suit, way of prosecution, nature of claim set up and sudden culmination of design in a compromise decree ipso fac..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....having account No.3300963 have expansion of business. The opposite party obtained a loan from the bank but subsequently, since the vested of enhance for nonpayment of the loan and in Order to pay partial amount of loan on 30-9-03 issued a cheque being AIB/CD- No.8766151 for Taka 2,95,814 and the....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..Category: Civil Law | Date: | Hits: 217
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......g for an adjournment for obtaining necessary sanction order against the accd. person from the authority concerned on the grounds stated therein. Heard. Since this is a commission on the part of the prosecution, the prayer for adjournment for obtaining necessary sanction order is allowed for ends o..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......d 20 seers only, and thus the accused person allegedly misappropriated 442 maunds of wheat. After investigation the police submitted a charge-sheet against the accused persons. 3. In the trial the prosecution adduced oral and documentary evidence, and after the close of evidence the learned judge..Category: Criminal Law | Date: | Hits: 70
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......id not constitute cheating or any Criminal offence but at the most the allegation even if it is taken to be true constituted only a breach of contract in course of business transaction and criminal prosecution did not lie at all. The petitioner submitted further that in fact the petitioner had sto..Category: Criminal Law | Date: | Hits: 67
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