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....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......the hands of the police.
12. As the proceeding commenced before us Mr. AJ Mohammad Ali proffered for the respondent that the High Court Division was quite right to grant anticipatory bail as the prosecution has been tempted by ulterior motive to harass the respondent purely on political conside..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......fine of Taka.5,000 each, in default, to suffer imprisonment for 1 (one) year more. 2. The facts, leading to the filing of this criminal petition for leave to appeal, in a nutshell, are: The prosecution case is that on 1-12-1998, Md. Moslemuddin lodged a First Information Report with S..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......fence. Moreso, he failed to record the statements of some important witnesses under section 161 of the Code of Criminal Procedure. The learned Magistrate after considering the consequence of the prosecution case sent it for further investigation. At any stage of the proceeding if it appear..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......
This petition is disposed of.
Section 27 is an independent provision and for initiation of a proceeding against any person under the provision, no notice is required to be served. If the prosecution can establish that any person has acquired or amassed wealth which is beyond his known s..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....(b) his deposition is contradictory or inconsistent i.e. at one place he says that "X" was the murderer but in another breath, he says it was 'Y'; (c) if he is found to be biased or partial in relation to the parties in the cause; (d) his demeanour, whilst under examination, is fou......ge. The International Crimes (Tribunals) Act, 1973 (XIX of 1973) was promulgated for the purpose of detention, prosecution and punishment of persons committing atrocities during this period. The prosecution has examined twelve witnesses and the defence examined six. The Tribunal convicted ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......or added at any time before judgment is pronounced, the alteration or addition must be read and explained to the accused. In the instant case it transpires from the order sheet that on 17-11-1999 the prosecution filed an application for splitting the charge since the offences took place over a perio..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......harge against all of the accused, to which they pleaded not guilty and claimed to be tried. Then he sent the case record to the Additional Sessions Judge, Second Court, Noakhali for disposal. 4. The prosecution in order to prove its case examined as many as 15 witnesses out of 19 who were cited in ..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......uilty of the charge and claimed to be tried. Thereafter, the case record has been again transferred the same to the Court of Special Judge, 4th Court, Dhaka for holding trial. 6. Thereafter, the prosecution has adduced as many as 20 witnesses in order to prove the case. 7. On the other han..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ...... 8. From the order dated 29-11-2011, it appears that the charge was framed against the accused in presence of his learned Advocate and also the Public Prosecutor. It is true that on that day, the prosecution as well as the accused prayed for time, but the Court refused the prayer and then framed..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......irjaton Daman (Bishash Bidhan) Ain, 1995 and against accused Aleya Begum under Section 6(1)/14 of the said Ain, read the same over to the accused, who pleaded not guilty and sought trial. 8. The prosecution produced 12 witnesses of whom 3 were tendered. The two accused persons were examine..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ...... suffer rigorous imprisonment for 5(five) years and to pay a fine of Taka 21, 00,000 in default, to suffer rigorous imprisonment for a further period of 1(one) year in absentia. 2. The prosecution version of the case, in short, is as follows: The accused-appellant ATM Nazimullah ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......90C (1). Despite that peculiar contradiction, EC nonetheless went ahead and registered BJI as a political party. Only after securing such registration, BJI withdrew the said writ petition through non-prosecution. While, at all material time BJI know very well that its challenge to the RPO will not s..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......mits that the complaint Petition and other materials on record disclosed that all legal formalities as laid down in Section 138 of the Act have been duly complied and the materials put forward by the prosecution contain ingredients of criminal offences as contemplated by the Section 138 of the Act a..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......1 and by order dated 8-8-2007 framed charge against him under the said section of the Act, 1881 and fixed the next date on 9-9-2007 for examination of the witnesses. On 9-9-2007, on the prayer of the prosecution, the hearing of the case was adjourned to 8-10-2007 and by the same order, the case was ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......nesses irrespective of their evidence being favourable or unfavourable. Where a necessary witness mysteriously not cited as witness, the court may properly draw an inference adverse, to the prosecution. If a material witness has been deliberately kept back, then a serious reflection i..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ...... passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.5214 of 2005 making the Rule absolute. 2. The prosecution case, in brief, is that on 9-9-2004 the complainant-appellant filed a petition of c..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......irst Appeal No.684 of 2001. Judgment Md. Nuruzzaman J.- This application has been filed by the appellant petitioners for re-admission of the instant appeal, which was dismissed for non-prosecution on 28-1-2013. 2. The relevant facts as has been stated in the instant application, ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......ying Magistrate, Chandpur for disposal. 4. The learned trying Magistrate, framed charges against the petitioners and three others under sections 147/148/380/307 of the Penal Code. 5. The prosecution examined 6(six) witnesses and defence examined none. 6. The defence case of the a..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... hesitation to hold that when the particular law provides for prior sanction of the Government or any other competent authority before taking cognizance of the offence; in that case sanction for prosecution or taking cognizance of the offence is mandatory and in absence of such previous/prior s..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
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