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Displaying 621-640 of 1965 results.
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....f the opinion that the accused should not be in fear as the case's transfer to Druta Bichar Tribunal are for public interest. On the question of whether the judges of Druta Bichar Tribunal acted with partiality or impartiality, their Lordships on reference to section 15 of the Ain, were of the opini......ear that they were sent to Druta Bichar Tribunal only for conviction. Learned Advocate further submits that everything should be done in a trial for ensuring fairness i.e. neither the accused nor the prosecution be in fear that they will not get justice or fair justice or they have been sent only fo..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......n 20-10-1999. The vessel encountered severe cyclone storm in the Bay of Biscay on 23-10-1999 and called at Southampton on 26-10-1999 for emergency repairs, re-stowage and re-lashing of cargo for safe prosecution of the rest of the voyage. The vessel resumed her voyage on 6-11-1999. The defendants cl..Category: Limitation Law | Date: | Hits: 174
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ...... Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all rea..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......ncing each of them to suffer rigÂorous imprisonment for 2 (two) years and also to pay a fine of Taka 500 (five hundred), in default, to suffer rigorous imprisonment for 1 (one) month more. 2. The prosecution case, in short, is that the informant P.W.1, Md. Joad Miah along with other police perso..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......e criminal Motion and setting aside the order passed by Metropolitan Magistrate, Chittagong in CR No.306 of 1991 acquitting the petitioner from the allegation of the CR Case No.306 of 1991. 2. The prosecution case, in brief, is that the opposite party No.2, Mohammad Ali, as complainant on 30-03-1..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......gistrate took evidence of the witnesses afresh. 7. Mr. Serajul Huq, the learned Advocate for the petitioners, submits that the present case is abÂsolutely of civil nature and as such the criminal prosecution against the petitioners is bad in law and the order of conviction and sentence cannot be..Category: Procedural Law | Date: | Hits: 111
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......nder section 144 of the Penal Code. But since the aforesaid 6 accused appellants were sentenced under sections 302/34 they were not separately sentenced under section 144 of the Penal Code. 2. The prosecution case, in brief, is that at about 1‑30 AM following the night of 16‑10‑97 accused E..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... prove the Petitioner's allegations beyond reasonable doubt. I am inclined to accept such contention of the Respondent that the witnesses are partisan. Equally the Respondent's witness are also not impartial and not credible. D.W.2 in particular does not appear to be a witness of the truth, especial......mere formality. The swearing of an affidavit at the end of any statement not only gives the same a touch of authenticity, but it also binds down the maker of the statement and makes him liable to prosecution if the statement is proved to be false hence the swearing of the statement of return of ..Category: Election Law | Date: | Hits: 300
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......elay of 63 days in filing this revisional application and the delay was condoned by this Court on 10.5.2009. 3. The facts necessary for the disposal of the present revision and as presented by the prosecution may be set out at this stage. 4. On 06.10.2003 the accused-petitioner along with 20 o..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......he students and may seriously undermine the authority which they claim to possess over the students placed in their charge." 48. Ms. Sara Hossain submits that in criminal cases, the onus is on the prosecution to prove its case beyond all reasonable doubts. She cites a few criminal cases where acc..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......s, some of which, on the face of his evidence, should be in conÂsonance with probabilities and consistent with the other evidence so that it generally fits in with mateÂrial details of the case for prosecution so as to carry conviction of truth to a prudent mind……………………20 Number..Category: Criminal Law | Date: | Hits: 118
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......e session. Unfortunately, due to various reasons, a sessions triable case cannot be concluded in one session, even it cannot be concluded in several sessions due to the adjournments taken both by the prosecution side and by the defence side. This is not due to any infirmity of the law itself but due..Category: Criminal Law | Date: | Hits: 177
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......dvocate for the opposite party No.1 complainant and the law as envisaged in sections 138 and 141 of the Negotiable Instruments Act, now let us see whether the payee or holder of a cheque can initiate prosecution for an offence under sections 138 of the Act for its dishonour for the 3rd time after he..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......il case is to be proved with a higher degree of probability………………………(27) Bouncing a cheque with an endorsement may make a customer land on far-reaching eventualities, like facing prosecution under section 138 of the Negotiable Instruments Act, as amended, or even under section 4..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... cheque is returned unpaid: and (iii) that the drawer should have failed to pay the amount within 30 days of the receipt of notice. It is only when all the above three conditions are satisfied that a prosecution can be launched for the offence under section 138. 11. Now let us see the provision o..Category: Criminal Law | Date: | Hits: 134
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......e and their evidence must be tested in the same way as the evidence of other interested witnesses. So it is unsafe to convict the accused relying on the evidence of police personnel interested in the prosecution case.........................(23) Explosive substance must be tested by the chemical..Category: Criminal Law | Date: | Hits: 103
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......nal offence against the accused persons. 10. From the plain reading of the first informaÂtion report it cannot be said that no prima facie case could be detected against the accused persons. The prosecution case as stated in the first information report has got prima facie ingredients of the of..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ...... against the same Judgment and order of conviction and senÂtence. The reference, criminal appeal and jail appeal have been heard together and are being disposed of by this common Judgment. 2. The prosecution case, as projected in first information report (in short, the FIR) and also unfurled at ..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......e gun from a hay stack and a dagger from the room of the accused Anowarul Islam. Charge was framed against the accused under section 19(f) of the Arms Act. The accused pleaded not guilty and then the prosecution examined 7 witnesses including the present appellants. Appellant No.1 Abdur Rahim depose..Category: Criminal Law | Date: | Hits: 72
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......7 was framed against the accused‑appellant to which the accused appellant pleased not guilty and claimed to be tried. 4. The defence plea as it appears from the trend of cross examination of the prosecution witnesses is that the accused appellant was falsely implicated in this case and he did n..Category: Criminal Law | Date: | Hits: 88
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