Judgment search - Chancery Law Chronicles

Displaying 61-80 of 1965 results.

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... awarded by the learned Additional Sessions Judge, Hobiganj under section 302 of the Penal Code in Session Case No. 57 of 2002 arising out of Chunarughat PS Case No.30 dated 31-10-2001. 2. The prosecution case, in brief, is that on 30-10-2001 corresponding to 16th Kartik, 1408 at about 10-0..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......member named Md. Habibur Rahman which also stands against the mandatory provision laid down in section 32(1) and (2) of the Anti-Corruption Commission Act, 2004 because the very sanctioning power for prosecution has been given by the legislature to the Commission, not any member of the Commission as..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

State Vs. Romana Begum alias Noma, 2013, 42 CLC AD

....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......harge framed against the respondent under section of the Penal Code. When the said charge was read over, the accused present pleaded not guilty and claimed to be tried. During the course of trial the prosecution examined as many as 19 P.Ws. and they were cross-examined by the defence, but the defenc..

Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......nce under sections 409 and 418 of the Penal Code and section 5 (2) of the Act II of 1947. He further submits that to commit offence under section 409 criminal breach of trust by a public servant, the prosecution has to prove not only entrustment of or dominion over the property but also that the acc..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....do equity", when applied in a case of partial non-performance of an agreement, includes the rule at law which, in actions for damages upon contracts, discriminates between a whole or only a partial failure of performance; the breach being bar, when it goes to the whole. In that case their ......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......ealed in the wealth statement and the properties along with value, which were found disproportionate to his known source of income. These are allegations against the accused-petitioner brought by the prosecution. Though the accused-petitioner does not admit those allegation to be true, the disputed ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ......e of law, and in such a posture of things, the impugned proceedings should be quashed. He lastly submits that at the time of lodging FIR, there was no prior sanction from the Government for prosecution against the accused-petitioner and that the same was issued after lodgment of the FIR, a..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ......r not. This is the function of the trial Magistrate and it might so happen that quashment of criminal proceedings before commencement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evidence in support of the accusation. Defence mat..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ...... against the accused-persons including the present petitioner under section 2 (ট) (আ) (ই) and 13 of the Money Laundering Protirodh Ain, 2002. After framing charge in the meantime prosecution has examined as many as 7(seven) witnesses. At this stage the present accused-petitioner..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......arity and cannot be lightly ignored.……………………….(11) The object of section 342 is to afford to the accused an opportunity of showing that the circumstances relied upon by the prosecution which may be prima-facie against him, is not true or is consistent with his innocence. ..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)

....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ......ase No.451 of 2007 was started against the respondent Mohammad Bayazid, the Superintendent Engineer, Roads and Highways. The investigating agency eventually submitted a police report recommending for prosecution of the respondent on 13th January, 2009. The case record was eventually sent to the Seni..

Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6

Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)

....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ...... Reference No.27 of 2003, which was heard along with Criminal Appeal No.786 of 2003 and Jail Appeal No.191 of 2003 accepting the reference, dismissing the criminal appeal and jail appeal. 2. The prosecution case, in brief, is that Milon Akhter (deceased), younger sister of the informant wa..

Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6

Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)

....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......provide advantage to another person illegally violating the decision of the concerned Ministry regarding allotment of plot. Therefore, it is not such a case that if the allegations as made out by the prosecution is the FIR are taken to be true, do not constitute any offence under the law. So, the pr..

Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4

Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)

.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ......Magistrate, who recorded the statement of co-accused under section 164 of the Code of Criminal Procedure is necessary but the learned Judge himself by its order dated 24-1-2010 closed the evidence of prosecution witness and fixed date for argument. The order sheet clearly shows that without exhausti..

Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......up till now. However, there are case laws suggesting at when there is alternative remedy available, Writ jurisdiction of the Court should not be invoked, and hence the petitioner is about to seek non-prosecution of Writ Petition No. 8549 of 2008 by preferring the instant application for quashment be..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......on Case No. 08 dated 26-10-2009 under sections 2/4(2) of the Money Laundering Protirodh Ain, 2009, now pending before the Court of the learned Special Judge, Court No. 3, Dhaka. 8. The prosecution case in brief is that on 26-10-2009 at 19-30 hours one Mohammad Ibrahim, Assistant Direc..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)

....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: .......10.2007 passed by the High Court Division in Death Reference No.74 of 2004, which was heard along with Jail Appeal No.521 of 2004 accepting the reference and dismissing the jail appeal. 2. The prosecution case, in brief, is that on 14.05.2003 at about 10.00 a.m. in the morning when Rumi, the ..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

....opposition, the respondents admitted that there were some mistakes/errors /discrepancies in the Bangla and the English versions of the question papers by saying that in some question, there were partial mistakes and in some questions, the answers were partially wrong. But, subsequently, by fili...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ...... for confirmation of the death sentence imposed upon them. 2. All the appeals and the Death Reference have been heard together and are disposed of by this consolidated judgment. 3. The prosecution version of the case, in short, is as follows:— The victim Nasima was married ..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....nistration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. As regards the initial burden, the views expressed by the High Court Division are partially correct. It held, "If the prosecution has failed in discharging its burden of proving the......�………………(5) Initial burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. If the prosecution has failed in discharging its burden of proving the commission of ..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

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