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Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......tions was framed on 22.3.84 and the case was fixed on 15.5.84 for trial. On that date, however, no P.Ws. turned up and prosecuÂtion prayed for adjournment which was allowed and as per prayer of the prosecution witness warrant was issued against the P.Ws. fixing 13.6.84 for trial On that date also ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. .......W.5 Golam Hossain Biswas, P.W.6 Torab Ali Biswas, P.W.7 Jiarat Ali, P.W.8 Dr. Hekmat Ali, P.W.9 Atiar Rahman, P.W.10 part investigation officer Zulfikar Ali P.Ws.2, 6, 7 were declared hostile by the prosecution and cross-examined by both prosecution and defence. P.Ws.1, 3 to 5, 8 to 10 were cross-e..Category: Criminal Law | Date: | Hits: 93
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......ppellant Vs. The State……………………Respondent Judgment September 26, 2007. Result: The appeal is allowed. Responsibility of a Judge when Police failed to bring prosecution witness The learned Judge should inform the higher authority of the Police Department..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......rt decision in the case of Md. Liaquat Hossain Vs. Vinay Prakash and another relates to a wrong statement made by a person in a proceeding and then withdrawing it and therefore he was exonerated from prosecution. Obviously the facts of that case are different from those of the present one and the pr..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
.... on 14-9-2006 alleging that the two cheques dated 30-7-2006 and 12-8- 2006, for payment of Taka 5, 00,000 and 10, 00,000 Respectively, were issued in favor of the complainant- opposite party No. 1 as partial payment of consideration money for sale of the SA Apparel, a Garment Factory. The complainan...... demand for payment of the money was not met, the complainant had to file the complaint case on 14-9- 2006. The trial Court after taking cognizance in the matter, proceeded with the trial and all the prosecution witnesses were examined. When the accused petitioner was, examined under section 342 of ..Category: Procedural Law | Date: | Hits: 128
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......tation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstance of the case, inherent infirmities disturbing and striking facts of prosecution case are also required to be taken into consideration. Rival contentions surged forward ..Category: Criminal Law | Date: | Hits: 74
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......formation Report and other materials on record prima facie disclose criminal offences against the accused-petitioner under sections 406/420 of the Penal Code and that the materials put forward by the prosecution contain ingredients of offences contemplated by sections 420/406 of the Penal Code again..Category: Criminal Law | Date: | Hits: 92
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......accused does not arise, Justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed. In appreciating the evidence of a prosecution witness the approach must be whether the evidence of a witness carries a ring of truth o..Category: Criminal Law | Date: | Hits: 98
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......ik Nazmul Haider, Sub- Inspector of Police who on completion of Investigation presented charge sheet against convict-appellant are all police Personnels, P.W.2, P.W.6 and P.W.7 had been tendered from prosecution and cross-examination had been declined from defence side. P.W.8 and P.W.9 had not been ..Category: Criminal Law | Date: | Hits: 125
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......on under section 6(5) of the Criminal Law Amendment Act they have no manner of application in the present case. 7. Case of Md. Ismail and another Vs. Crown reported in 6 DLR 152 involved prosecution of offences under sections 116 and 161 of the Penal Code, and a Division Bench of the Hi..Category: Criminal Law | Date: | Hits: 130
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......essions Judge found that there was rioting he was not at all justified in acquitting the accused persons at least from the charge under section 148 of the Penal Code. It has already been noticed that prosecution examined 11 P.Ws. and defence examined 4 D.Ws. and the learned Sessions Judge after disc..Category: Criminal Law | Date: | Hits: 75
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......udge, In Charge, First Court, Mymensingh convicting the appellant under section 387 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life. 2. Briefly stated, the prosecution case is that one Roger Austin lodged an FIR on 4-1-2003 with the Haluaghat Police Statio..Category: Criminal Law | Date: | Hits: 62
Category: Property Law | Date: | Hits: 102
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ...... party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without trial and 3 prosecution witnesses were examined, but were not produced for cross-examination inspite of issuance..Category: Criminal Law | Date: | Hits: 88
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ..Category: Criminal Law | Date: | Hits: 87
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......with grounds stated therein and heard the learned Advocate for the convict-appellant as well as the learned D.A.G. for state. 11. To establish the charge of recovery of illegal arms and ammunition prosecution examined 7 witnesses while the defence examined none. Let us scrutinize the testimony of..Category: Criminal Law | Date: | Hits: 65
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... No.2357, an area measuring 6.30 acres is the khas land of the Government. On 3-4-2008, the officials of DCC went to the location and demarcated the area by hoisting red flags at four points covering partial Kacha Bazar and partial Iron and Steel Market. Only 5.0102 acres of land have been proposed ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......e Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 which was read over and explained to the accused-petiÂtioner who pleaded not guilty and claimed to be tried. Alter that, prosecution witness No.1 was examined as well as cross-examined on that very date of framing charge...Category: Procedural Law | Date: | Hits: 86
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ...... discharged pursuant to a final report that means that the accused has been discharged from custody under section 500 of the Code and not discharged from the case. The legal position is that a second prosecution is permissible if the order of discharge was not passed on merits. If cognizance is take..Category: Criminal Law | Date: | Hits: 138
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ertificate issued by the Hon'ble Speaker for clearance on 29.08.06 and the vehicle was cleared from custom on 06.09.06. We tried hard but could not find anywhere either in the FIR or charge sheet the prosecution could mention any date of transfer of the vehicle. Rather, Mr. Huq strenuously submitted..Category: Fiscal/Taxation Law | Date: | Hits: 246