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AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ...... Procedure. Section 265C runs thus- "265C. Discharge. If upon consideration of the record of the case and the documents submitted therewith and after hearing the submission of the accused and the prosecution in this behalf, the Court considers that there is no sufficient ground for proceeding ..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 6 years and to pay a fine of Taka 20,000.00 in default to suffer simple imprisonment for one year along with another. 2. The prosecution case, in brief, is that, one Azizur Rahman Talukder, Inspector of Customs was on duty in..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
.... 3 years the sentence of death should be commuted. It was held that the accused appellant was under the peril of death sentence for almost 3 years, suffering serious mental agony and torments thereby partially purged their guilt. We have given our anxious consideration to the matter. In the circumst......zal Haider Ali have preferred three separate appeals against their conviction and sentence. The appeals were heard along with the Death Reference and are being disposed of by this Judgment. 2. The prosecution case, in short, is that on 25‑4‑90 at about 11‑00 A.M. Md. Altaf Hossain the Cashi..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......of 74 witnesses examined none implicated the petitioner with the offence of criminal conspiracy or murder with common intention or suppressing evidence and, as such, the framing of the charge and her prosecution would be an abuse of the process of the Court and continuation of the proceeding against..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... suffer R.I. for one year who also preferred Criminal Appeal No, 424 of 2001. The reference and the Criminal Appeals and jail Appeal are heard together and are disposed of by this Judgment. 2. The prosecution case of the informant Ayesha Begum who lodged the F.I.R. is that the condemned prisoner ..Category: Criminal Law | Date: | Hits: 94
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......sonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on the prosecution and on the failure, it can not fall back upon the evidence adduced by the accused in sup..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......ded not guilty and claimed to be tried. The accused Ibrahim remained absconding and his trial proceeded in accordance with the provisions of Section 339B (1) Cr.P.C. During the trial of the Case, the prosecution produced as many as 15 witnesses, out of which the P.W.1 Md. Shukur Ali is the informant..Category: Criminal Law | Date: | Hits: 103
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......nal Case No.12 of 1992 convicting the appellant under section 25B of the Special Powers Act, 1974 and sentencing each of them to suffer RI for three years and to pay a fine of Taka 1000.00. 2. The prosecution case is that, while a Sub‑Inspector of Police along with some constables of police of ..Category: Criminal Law | Date: | Hits: 79
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court"..Category: Criminal Law | Date: | Hits: 104
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......alleged something against the party in power and she also announced that she will hold another press conference on 3‑11‑96 and to frustrate that she was arrested in the Arms Act case and when the prosecution found that they have no case in the Arms Act case they implicated her in this case. The ..Category: Criminal Law | Date: | Hits: 82
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ...... Code. The case was investigated by a police officer, who after investigation on 29.10.2004 submitted charge sheet against two accused persons namely, Farid uddin and Iqbal Uddin recommending their prosecution and final report against remaining four accused namely, (1) Md. Kaisaruzzaman (petitio..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......tion dated 29.09.2005 passed in Druta Bichar Tribunal Case No.09 of 2005 corresponding to G.R. Case No.621 of 2001 and Sonargaon Police Station Case No.19(8) dated 20.10.2011. 2. In short, the prosecution case is that on 12.01.2001 the informant Anisur Rahman Shikder gave in marriage of his e..Category: Criminal Law | Date: | Hits: 97
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......e Special Powers Act to which they pleaded not guilty and claimed to be tried in accordance with law. 4. In order to bring whom the charge against the instant accused petitioner and other accused prosecution examined 6 witnesses. After the closure of the evidence of the prosecution witnesses t..Category: Criminal Law | Date: | Hits: 104
....onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......2 accused persons under the aforesaid sections. When the case record was transmitted to the Special Martial Law Court No.2 Bogra, registered as Martial Law case No.18 of 1982.
4. To prove its case prosecution examined as many as 16 P.Ws. and the accused persons examined 4 D.Ws. On consideration o..
Category: Constitutional Law | Date: | Hits: 259
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......h, Chittagong was stayed initially for eight weeks which period was extended and re-extended up to 31.03.1981. The Rule obtained in the Writ Petition was discharged ultimately on 03.03.1981 for non-prosecution. On 12.04.1980 the Sub-Divisional Magistrate Sadar, North, Chittagong had passed the fol..Category: Criminal Law | Date: | Hits: 93
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ......e election of the Gofargaon UCCA illegal including election of the Writ Petitioner as President. 15. The Rule issued in the Writ Petition was ultimately discharged by order dated 16.8.2010 for non prosecution. 16. Admitted facts: Admittedly Gofargaon UCCA is a Central Cooperative Society of ..Category: Others | Date: | Hits: 140
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....tion 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:49 DLR (HCD) (1997) 245. ......ndex thereof, examined the witnesses under section 161 Cr.P.C. and thereafter finding a prima facie case against the accused appellants and others submitted the charge‑sheet. 3. 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: 87
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....ials on record strenuously argues that this is a case of no evidences and the facts of commission of the offence by the convict-petitioner is so preposterous that the same cannot be believed by any impartial tribunal but unfortunately the learned Judge of the trial tribunal failed to consider the ...... by the learned Special Tribunal No.4, Feni in Special Tribunal Case No.129 of 2003 arising out of Feni police station Case No.32 dated 17.11.2002 corresponding to G.R. Case No.549 of 2002. 2. The prosecution case, in short, is that informant Md. Nuruzzaman lodged FIR on 17.11.2002 being Feni Pol..Category: Criminal Law | Date: | Hits: 115
Chandra Banu wife of Lalu Mallick Vs. State and another, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......nd others, 30.2.78. Seen the Memo No.1286(2)V dated 30.8.78 from S.P. Patuakhali. The Sr. Court Inspector will please withdraw the case (2)C/C. Will have to start suo-moto ejahar and investigate. The prosecution is permitted to withdraw the case. The accuseds are discharged u/s 494(1) Cr.P.C. Sd/..Category: Criminal Law | Date: | Hits: 94
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......st against the accused-petitioners. In both the cases the accused-petitioners surrendered before the Court and obtained bail. 4. The point that has been raised in support of the Rules is that a prosecution for criminal breach of trust against some of the partners of a partnership firm at the i..Category: Criminal Law | Date: | Hits: 87
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