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Displaying 821-840 of 1965 results.
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......gs against persons in respect of certain acts and things.‑ (1) Notwithstanding anything contained in any law, including a law relating to any defence service, for the time being in force, no suit, prosecution or other proceedings, legal or disciplinary, shall lie, or be taken, in, before or by an..Category: Criminal Law | Date: | Hits: 202
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ion 19A and 19(f) of the Arms Act dealt with and elicited the provision of section 103 CrPC as follows: “The object of the provision of section 103 CrPC is to ensure conducting of search in an impartial and fair manner and also to ensure that there is no ‘planting’ of incriminating articles......hat both the sentences will run consecutively by the judgment and order dated 17‑4‑1993 passed by the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Case No.389 of 1992. 2. The prosecution case, in brief, was that consequent on the lodging of First Information Report by SI Md...Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......Code and sentencing each of them thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for three months more each. 2. The prosecution case, in short, is that on 15‑11‑90 deceased Abdur Rashid Bepari returned home from ..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......suffer rigorous imprisonment for one month and also sentencing under section 161 of the Penal Code to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for one month more. 2. The prosecution case in short is that on 5-7-2008 one Abul Kalam Azad filed an allegation with the Divis..Category: Criminal Law | Date: | Hits: 142
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....n and P.W.6 Torab Ali were mama of P.W.1 and victim. P.W.5 Giasuddin and P.W.8 were neighbours. P.W.1, 3, 5, 6, 9 being related to each other were interested witnesses. No disinterested independent impartial witness could be examined. It appears occurrence took place at a distance of 200 yards west ......ay be mentioned that seizure list map and index of the place of occurrence could not be marked Ext in the case due to non examination of investigation officer. No other witnesses were examined by the prosecution. Evidence was closed. Due to absence and absconding of accused as above statements under..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......1‑1999, pending in the court of Magistrate, 1st Class, Balaganj, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution story, in brief, is that one Entajullah as informant lodged a First informant Report wit..Category: Criminal Law | Date: | Hits: 86
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......the murder of the said chairman by Abul Khair and they also shared with the intention of Abul Khair to commit the said murder", while my learned brother Syed Fazle Ahmed, J opined as follows "All the prosecution witnesses speak of their presence near the scene of occurrence. But mere presence cannot..Category: Criminal Law | Date: | Hits: 116
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......erty found to be disproportionate to the known sources of income of the accused by the Court shall be forfeited to the Government. 6. Previous sanction of the Government shall be necessary for any prosecution under section 4 or section 5. 6. On a plain reading of section 4 of the Act, it appea..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......urt Division would not embark upon an inquiry as to the truth or falsehood of the allegations made against the accused person and that can be decided at the trial on taking evidence in support of the prosecution case. It is, also, important to remember that a proceeding cannot be quashed before a co..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......er sections 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6(Six) months more. 2. The prosecution case, in short, is that on the previous night of 18-6-1994 the P.W.1 Jharu Miah, the inf..Category: Criminal Law | Date: | Hits: 112
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......ments of an action for abuse of civil process are malice and absence of reasonable and probable cause. The principles which govern such actions are the same as are applicable to actions for malicious prosecution, mutatis mutandis. 13. In the case of Ramdeo Vs. Messers B Chand regarding attachment..Category: Property Law | Date: | Hits: 144
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... declaration in the counter of the airport, but this is a statement of his own. He further submits that whether or not the petitioner was going to give a declaration as claimed in not admitted by the prosecution or the respondents and as such, it is a disputed question of fact to be decided by the S..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......ife and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more thereunder. 2. To arrive at a correct decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first information report (FIR) is depicted as under: 3. On..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......istrate, upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, considers the charge to be groundless, he..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ...... 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. 10. Now let us see the provision o..Category: Civil Law | Date: | Hits: 150
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......efly are that, one Ekramul Kabir filed a GD Entry at Sutrapur police station GD Entry No.1254 dated 24-12-2000 and the police, upon investigation held with reference to the said GD, filed a Non-FIR prosecution against the accused petitioner and 2 others, recorded as Sutrapur police station Non FIR..Category: Criminal Law | Date: | Hits: 79
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......namely Nurul Islam and Md. Bahar under section 19 (1)(Ka) of the Madhak Drabbya Niyantran Ain, 1990 (Act 11 of 1990) and sentencing each of them to suffer rigorous imprisonment for 2 years. 2. The prosecution case, as made out in the FIR lodged with the Mirpur Police Station on 8.6.1990 by one Mo..Category: Criminal Law | Date: | Hits: 81
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......or as many witnesses as requires for bringing out the truth. The Sessions Judge is the arbiter and the Judge. He is not a party nor an investigator. He is not expected to fill up the gaps left by the prosecution. The overriding consideration for him while exercising power under section 540 CrPC is..Category: Criminal Law | Date: | Hits: 97
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......isoner Azam Reza has been directed against that Judgment and order of conviction and sentence. The reference and the appeal have been heard together and are being disposed of by this Judgment. The prosecution case, in short, is that deceased Joyanti Munshi, daughter of informant Lusil Sadekin, wa..Category: Criminal Law | Date: | Hits: 114
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......d to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑two and paisa fifty), in default, to suffer rigorous imprisonment for a period of 1 (one) year more. 2. The case of the prosecution, in short, is that, on 28‑2‑89 Haroon‑or-Rashid, Assistant Inspector, DAB lodged t..Category: Criminal Law | Date: | Hits: 99
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