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Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... to the proceedings of Special Tribunals and such Special Tribunal shall have all the powers conferred by the Code on a Court of Sessions exercising original jurisdiction, and a person conducting prosecution before such Special Tribunal shall be deemed to be a public prosecutor." The language..Category: Criminal Law | Date: | Hits: 99
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... entity can not bread any valid offspring. Mr. Taposh concluded his preferment saying that as a malafide action destroys all traces, that itself would justify our move to set aside the whole criminal prosecution. 10. By referring to that part of the FIR, where the informant stated that the meetin..Category: Criminal Law | Date: | Hits: 133
....rder No. Sec. XI/IM-35/71/17dated 30-12-71. The notification is as follows:
"The Bangladesh Gazette Extraordinary published by Authority Monday March 20, 1972, No.1A (80) 72-297-7th March, 1972 in partial modification of the notification No.IA (80) 72-282 dated 18th February, 1972 of this Ministr......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......ment whereupon the appellants obtained special leave to appeal. Hence this appeal. 3. Mr. Ahmad Sobhan, the learned Counsel for the appellants submitted that the alleged offence according to the prosecution was committed on 5-2-1974, whereas the Act came into force on 9-2-1974 and that the Ac..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
.... petition the respondent the rest 3rd and 4th grade employees have been virtually dismissed from their services and the said order was passed without any legal formalities and the impugned inquiry is partial, mala fide, based on imagination and without any evidence and the respondent was not given a......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 155
Ismail Vs. State, 2009, 38 CLC (HCD)
....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......of Cantonment P.S. Case No.10(11)87 and convicting him under section 245(2)/468 read with section 3 of the Passport Act and sentencing him to suffer simple imprisonment for 3(three) months. 2. The prosecution case, in short, is that one Mr. Sirajul Haque Khan Inspector Immigration, Dhaka lodged a..Category: Criminal Law | Date: | Hits: 92
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....all the police witnesses are the member of raiding party, not only that informant also the member of reading party who became the investigating officer. We are of the view that for fair Justice and impartial investigation it is not desirable to investigate the case by a person, who is a member of ra...... receipt of the case record registered and renumbered the same as Special Tribunal Case No.42 of 1999 and after hearing the parties framed charge under section 19 (a) and (f) of the Arms Act. The prosecution examined 12 witnesses including the informant and defence examined none. 5. The learn..Category: Criminal Law | Date: | Hits: 95
Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......ure list. P.W.3 Amjad Hossain is the investigating officer. He deposed that he was not present at the time of recovery of gun. 4. Learned Advocate for the appellant submits that even accepting the prosecution case the appellant cannot be convicted under the provision of the Arms Act as the prosec..Category: Criminal Law | Date: | Hits: 94
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......versity Central Students' Union. His wife is a Government servant under the BCS Cadre and was Lecturer in English in the Eden Girls' College on deputation. She was awarded a Fulbright Scholarship for prosecution of higher studies in USA. The Government of Bangladesh by its order dated 25.7.91, appro..Category: Constitutional Law | Date: | Hits: 238
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......ons Case No. 30 of 1991 by the learned Additional Sessions Judge, Bagerhat should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, in brief, is that on 16.5.89 an FIR was lodged with the Fakirhat PS by one Md. Ser..Category: Procedural Law | Date: | Hits: 80
....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265.......ined to examine the points agitated by the learned Advocate for the petitioner.
9. In the circumstances leave is granted on ground Nos.2 and 6 which are quoted below:-
"For that the case of the prosecution is not a personal case of the informant. It is a case of the institution named Dayemi Co..
Category: Procedural Law | Date: | Hits: 163
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......heque 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: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......secuted under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004. It is contended that on the basis of wealth statement submitted by her husband, she can be made liable for criminal prosecution under the aforesaid penal provisions. Next he submits that the petitioner cannot be proc..Category: Criminal Law | Date: | Hits: 100
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......f right, however ill founded in law the claim may be does not become criminal merely because a foreseen consequence of the entry is annoyance to the occupant. To establish criminal trespass the prosecution must prove that the real or dominant intent of the entry was to commit in offence or to ..Category: Criminal Law | Date: | Hits: 94
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......and instead, of the pistol alleged to have been recovered from the appellant bearing No.112581 a different pistol bearing No.1124681 was sent to the Arms Expert. In view of the palpable defect in the prosecution case the order of conviction and sentence was wholly illegal. The learned Judges of the ..Category: Criminal Law | Date: | Hits: 91
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......7 years respectively with a direction to run both the sentence concurrently should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 9.9.2004 the informant along with other D.B. personnel went o..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ...... accused petitioner on bail and the three other accuseds through the jail authority filed application under section 241A of the Code for discharging them from the charge. The Adalat, upon hearing the prosecution and the defence, has allowed the application filed under section 241A of the Code and di..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......No.36 dated 13.6.2007 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 and section 109 of the Penal Code read with Rule 15 (gha) of Jaruri Khamata Bidhimala, 2007. 3. The prosecution case, in brief, is that appellant, his wife, sons and daughters are in possession of the..Category: Criminal Law | Date: | Hits: 133
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
...... Assistant Judge dismissed the suit ex-parte in absence of the defendants. On this point the learned A.A.G. strongly argued that even if the defence fails to establish its case that will not make the prosecution case proved as the burden of proof on the prosecution never shifts. In this respect, he ..
Category: Property Law | Date: | Hits: 82
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ...... of the Code, to which they pleaded not guilty and claimed to be tried. Thereafter the case was sent to the Second Court of Additional Sessions Judge, Brahmanbaria for hearing and disposal. 4. The prosecution examined twelve witnesses in support of its case. After closing the prosecution, the lea..Category: Criminal Law | Date: | Hits: 87
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