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Md. Selim Vs. State, 2011, 40 CLC (HCD)
....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ...... took cognizance of offence against the appellant and subsequently framed charge against him and transferred the case to the Special Tribunal No.9, Comilla for disposal. 4. In course of trial, the prosecution examined four witnesses. Out of them P.W.1 Abdur Rahman, a seizure list witness and neig..Category: Criminal Law | Date: | Hits: 94
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....s are far distinguishable with the facts of the present case. 52. Enactment of ouster clauses into statutes seeking to limit the ordinary jurisdiction of the Court has a long history. There may be partial or limited ouster clauses and sometimes it may be in absolute terms. Ouster or exclusionary ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......en initiated against the Contractor and his labourers under a clear misconception of the law that they may be regarded as public servants as contemplated in the said Regulations. This view of the prosecution has possibly been due to fact that they were engaged for performing certain public works..Category: Criminal Law | Date: | Hits: 115
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......rred to the second Court of Assistant Sessions Judge, Naogaon and subsequently retransferred to the first Court of Assistant Sessions Judge for hearing and disposal. 4. In support of its case, the prosecution examined ten witnesses, of whom P.W.1 Md. Ataur Rahman was the informant; P.W.2 Abul Kal..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......er dated 14.2.1995 framed charge against the accused persons including the appellants under sections 395 and 397 of the Penal Code, to which they pleaded not guilty and claimed to be tried. 4. The prosecution examined eleven witnesses in support of its case. After closing the prosecution, the lea..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......tened the members of his family but discharged the rule and cancelled the ad interim bail not on the ground of the alleged misuse of privilege of bail. We have also noticed from the record that the prosecution failed to produce prima facie material in support of its case of misuse of privilege o..Category: Criminal Law | Date: | Hits: 96
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ...... Additional Sessions Judge, First Court, Barisal was pleased to frame the charge under section 302 of the Penal Code against the accused persons who pleaded not guilty and claimed to be tried. The prosecution examined 15 witnesses who were cross-examined by the defence and the defence did not add..Category: Criminal Law | Date: | Hits: 87
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......d arrangement. Certified copy of the order passed in the aforesaid Writ Petition No.10946 of 2006 shows that on the prayer of the petitioners the Rule of the said writ petition was discharged for non-prosecution by order dated 13-12-2006. 15. The petitioners in their writ petition has annexed a l..Category: Civil Law | Date: | Hits: 121
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... and Jail Appeal No. 153 of 2005. The reference and the appeals, having arisen out of the same judgment and order have been heard together and are being disposed of by this judgment. 3. The prosecution case, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar cal..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......under section 54 of the Code of Criminal Procedure and sent to the Magistrate from where they were enlarged on bail to answer a charge punishable under section 290 of the Penal Code. At the trial the prosecution examined three witnesses including the Investigating Officer while the defence examined ..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......n has been filed against the order of conviction and sentence passed against the accused petitioner under section 377 of the Penal Code by the trial Court and upheld by the appellate Court. 2. The prosecution case, in brief, was that on 5.5.82. P.W.1 Md. Yunnus Ali went to the house of the accuse..Category: Criminal Law | Date: | Hits: 92
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220........00 in default to suffer rigorous imprisonment for 1(one) month more. 3. Subsequently the petitioner was arrested on 6‑2‑97 and was produced before the Chief Metropolitan Magistrate. 4. The prosecution case before the trial Court is that, on 15‑5‑89 the accused mentioned in the FIR nam..Category: Criminal Law | Date: | Hits: 63
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199....... other employees of the office then rescued the informant but in the meantime the accused tactfully escaped. Charge was framed against the accused under sections 332 and 448 of the Penal Code and the prosecution examined six witnesses and the accused examined one witness in his defence. The case of ..Category: Criminal Law | Date: | Hits: 58
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......aider Chowdhury J.- This appeal by special leave, arises out of a judgment passed by the High Court maintaining the conviction and sentence of the appellants under section 302/34 B.P.C. 2. The prosecution case was that on the night of 6th Jaistha, 1379 B.S. the deceased Shohrab was sleeping i..Category: Criminal Law | Date: | Hits: 107
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355....... "Interference even at 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 process of the Court. Besid..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351....... allegedly, he mis-appropriated those relief materials. 11. So, we find existence prima-facie allegation to start a criminal proceeding and there is no substance in the submission that the FIR and prosecution materials do not disclose any criminal offence. Therefore, the case decision referred to..Category: Criminal Law | Date: | Hits: 61
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......in Sessions Case No.51 of 1998 arising out of Porsha Police Station Case No.1 dated 11-12-1994 and, as such, these appeals are being heard and are being disposed of by this single Judgment. 3. The prosecution case, in short, is that, on 10-12-1994 the informant Md. Moslem Uddin (Officer-in-Charge..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......m, lodged a first information report on 11-5-1992 with Pabna Police Station being No.9(5)92 under sections 364/342/325/302/34 of the Penal Code against the accused appellants and 16 others. 3. The prosecution case, in brief, is that on 10-5-1992 night following Sunday informant's son Nazrul Islam..Category: Criminal Law | Date: | Hits: 66
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......f 2003 dated 17‑1‑2003, corresponding to GR No. 12 of 2003 under sections 3, 4 of the Explosive Substance Act, 1908 framing charge against the appellant under section 3 of the said Act. 2. The prosecution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informan..Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......) PS Case No. 7 dated 2‑9‑2003 under section 25B of the Special Powers Act, 1974 now pending in the Court of Magistrate, 1st Class, Cognizance Court No. 1, Sylhet should not be quashed. 2. The prosecution case as stated in the first information report is that one, SI Maiharul Haque, Detective..Category: Criminal Law | Date: | Hits: 70
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