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Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......ferent Benches of this Division simultaneously challenging the same impugned order in two Writ Petitions. He moved this petition on 16.11.2009 and obtained the Rule. Then on 22.11.2009 prayed for non-prosecution of the earlier writ Petition No.8024/2009 and even till to day the petitioner did not da..Category: Others | Date: | Hits: 136
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......lants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life und also to pay a fine of Taka 1,000.00 in default, to suffer RI for one year more. 2. The prosecution case, in short, is that on 27-6- 91 at about 4‑30 PM while deceased Sirajul Islam, a H..Category: Criminal Law | Date: | Hits: 117
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ...... gave a rod blow on the head of Manju and other accused assaulted Manju at random. 4. Mr. Syed Ziaul Karim, learned Advocate for the appellants in both the appeals, submits that even accepting the prosecution case appellants cannot be convicted under the provision of Santrash Mulak Aparadh Daman ..Category: Criminal Law | Date: | Hits: 81
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
.... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......he Penal Code. The enquiring Magistrate examined 8 witnesses including the Investigating Officer, discharged accused petitioner Mollah under section 209 Cr.P.C. (since repealed) on a finding that the prosecution could not make out any prima facie case against him and committed the remaining four acc..Category: Criminal Law | Date: | Hits: 92
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......r R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arising out of GR Case No.8 of 1990 (Bamna) vide Judgment and order dated 25‑7‑1991. 3. The prosecution case as stated on the basis of the First Information Report lodged by Officer-in-Charge ..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......wrongly recorded with the name of plaintiff. Plaintiff then filed Misc. Case 69/70 for correction of record and since the case was verbally compromised, the same was withdrawn and dismissed for non‑prosecution. Further case of the plaintiff is that although defendant 8 had no interest in the suit ..Category: Property Law | Date: | Hits: 123
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The SesÂsions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......ll act under the direcÂtion of the Public Prosecutor. S.494 of the Code speaks of withdrawal of the case on an application by the Public Prosecutor. S.495 of the Code speaks of permission to conduct prosecution by any other person other than law officers of the State and the Public Prosecutor. From..Category: Procedural Law | Date: | Hits: 143
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....had some common interest in the case. Informant, P.W.7, Mahabubur Rahman and the Investigating Officer P.W.8, Md. Abdur Rouf were the member of the self same team. Like such situation, for fair and impartial investigation it is not desirable to investigate the case by a person, who is a member of ra......by its order dated 14-3-2003 framed charges against the convict-appellant under section 19A and 19(f) of the Arms Act to which he pleaded not guilty and prayed to be tried. 6. At the time of trial prosecution in all examined 9 (nine) witnesses to prove its case. The prosecution witnesses were cro..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......y the learned Counsel that facts as disclosed against the petitioner are so preposterous that even on the admitted facts, no case would stand against her and, as such, the further prolongation of the prosecution case tantamount to harassment of the petitioner and an abuse of the process of the Court..Category: Criminal Law | Date: | Hits: 106
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......is discharged. 5. Now, let us consider the merit of the Criminal Appeal No.1664 of 1993 filed by the appellant, namely, Eliadah McCord against her conviction and sentence of life imprisonment. The prosecution case, in short, is that on 25‑2‑92 at 20‑10 PM accused Eliadah McCord went to Zia ..Category: Criminal Law | Date: | Hits: 162
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......‘convicts preferred 10 Criminal Appeals and 14 Jail Appeals. The Death Reference and all these 24 appeals have been heard together and this Judgment would govern all of them. 3. The case of the prosecution, in short, is, that P.W.18 Md. Abul Hashem, Chairman of Horoshpur Union Parishad, lodged..Category: Criminal Law | Date: | Hits: 139
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......per and it may, in appropriate cases, require, by such order, reinstatement of complainant thereof and such order shall be final: provided that any complaint under this section shall not amount to prosecution under section 27 of this Act;" 6. From the above it appears that Labour Court is comp..Category: Labour and Industrial Law | Date: | Hits: 162
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......istrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code as disclosed in the said information. After investigation police submitted prosecution report under sections 313/493/109/506 of the Penal Code on 4.11.90 against the petitione..Category: Criminal Law | Date: | Hits: 112
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......istrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code as disclosed in the said information. After investigation police submitted prosecution report under sections 313/493/109/506 of the Penal Code on 4.11.90 against the petitione..Category: Procedural Law | Date: | Hits: 153
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......nesses. P.W.I Sadir Mia is the informant, P.W.2 Seraj Mia, PN Shamsul Islam, P.W.4 Ramjan Ali, P.W.5 Akshoy Chandra Sarker, P.W.6 Kudduser Ma, P.W.7 Abdul Hatim and P.W.8 Abu Mia were examined by the prosecution as eye witnesses. P.W.9 Md. Lal Mia is the witness to the inquest report as well as to t..Category: Criminal Law | Date: | Hits: 139
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484....... that agreement for the sale of the said building had been signed and it was not possible to release the said building to Respondent No.3. The said Writ Petition and the Rule was discharged for non‑prosecution on 18.3.1987. 4. The Respondent No.3 filed an application under section 7 of Ordin..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence pasÂsed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72........ for 8 (eight) months. Accused appellant Shahadat Hossain has been further convicted under section 412 of the Bangladesh Penal Code but no separate sentence has been imposed on that count. 2. The prosecution case, in brief, is that on the night following 24.04.1972 at about 02.00 A.M. that is on..Category: Criminal Law | Date: | Hits: 142
Abul Bashar Vs. The State, 1992, 21 CLC (HCD)
.... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ......f 1992, pending in the Court of Mr. Krishna Debanath, Assistant Sessions Judge and Special Tribunal Dhaka, arising out of Mirpur PS case No.17(12) 91 under section 387 of the Penal Code. 2. The prosecution case, in short, is that the accused‑petitioner petitioner Abul Bashar came to the offi..Category: Criminal Law | Date: | Hits: 104
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......g for appellants has taken us through the entire evidence and judgment pronounced by the learned AddiÂtional Sessions Judge Mr. Serajul Hoque who ably argued this case urged that evidence led by the prosecution in the case is not relÂiable and sufficient to sustain conviction. On the contrary the ..Category: Criminal Law | Date: | Hits: 134