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Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ...... Station Case No.23 dated 14-10-2002, corresponding to GR No.482 of 2002, 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 case, as has been initiated upon lodging a first information report (FIR) on 14-10-2002 ..

Category: Criminal Law | Date: | Hits: 65

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......999, to which the appellant pleaded not guilty and claimed to be tried. Subsequently the case was transferred to the Special Judge, Sylhet and was renumbered as Special Case No.123 of 2001. 5. The prosecution in order to prove its case examined as many as thirteen witnesses. After the prosecution..

Category: Criminal Law | Date: | Hits: 61

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......ated 30.5.1988, to which they pleaded not guilty and claimed to be tried. Thereafter, the case was transferred to the Court of Additional Sessions Judge, Jhenaidah for hearing and disposal. 5. The prosecution in support of its case examined seven witnesses. After the prosecution was closed, the l..

Category: Criminal Law | Date: | Hits: 74

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......), but during his examination-in-chief he denied the presence in the dock on that day of Faisal Alam Ansari, whom he had identified in the TI parade, whereupon the witness was declared hostile by the prosecution and cross-examined. In further cross-examination by the prosecution, which took place tw..

Category: Criminal Law | Date: | Hits: 94

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ...... and aforesaid 5 persons subsequently made confessional statements before a Magistrate. Thereafter investigating agency submitted a police report against those confessing accused and four others. The prosecution examined 11 witnesses in support of the charges. The learned Assistant Judge on consider..

Category: Criminal Law | Date: | Hits: 100

Monir Hossain Vs. State, 2012, 41 CLC (AD)

.... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......oner along with 8 others was put on trial before the Tribunal to face charge under sections 302/34 of the Penal Code for causing the death of Kabul on 20th July, 1999 at about 6 p.m. According to the prosecution version, the petitioner along with others gheraoed Kabul at the place of occurrence and ..

Category: Criminal Law | Date: | Hits: 95

State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)

....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......Division, Rajshahi, to face charges under sections 409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 for misappropriation of Tk.2, 12,868.50. According to the prosecution, the respondents Abul Hossain and Md. Muzammel Haque, were in charge of motor vehicle br..

Category: Criminal Law | Date: | Hits: 85

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......kub Hossain Khan (P.W.34) are so consistent with the guilt of the accused-respondents and wholly inconsistent with their innocence. It is further contended that the circumstantial evidence led by the prosecution leave no reasonable ground for a conclusion consistent with the respondents innocence, b..

Category: Criminal Law | Date: | Hits: 191

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......aw prevailing in Pakistan. The appellant was coerced by the illegal process and was forced to accept abnormal high income and taxes assessed against the appellant and his partners under the threat of prosecution. 3. The processing and assessment of the income tax being prejudicial to the appel­l..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......oners of both the Rules and others. Two of the accused-persons namely Md. Khalilur Rahman and Md. Ishaque Mazumder were Government servants at the time of commission of the said offences. And for the prosecution of the said two Government Servants, the police during the course of investigation, obta..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......l Case No.19 of 1997 arising out of Narayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman SI of Police Narayan..

Category: Criminal Law | Date: | Hits: 65

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ...... Chief Judicial Magistrate, Brahmanbaria in GR Case No.668 of 2008 arising out of Brahmanbaria Police Station Case No.30 dated 7-7-2008 under section 25B(2) of the Special Powers Act, 1974. 2. The prosecution Case in short, is that one Md. Nazir Hossain, Sub-inspector of Police, incharge Champakn..

Category: Criminal Law | Date: | Hits: 110

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......n 19(a) and (f) of the Anus Act, 1878. The charge was read over to the accused-appellant in the open Court, he pleaded not guilty of the charge brought against him and claimed to be tried. 4. The prosecution examined as many as 10 witnesses and the defence examined none. 5. After conclusion o..

Category: Criminal Law | Date: | Hits: 79

State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)

....large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......e learned Attorney General and the learned counsel appearing for the respondents. It is contended that the High Court Division on a superficial consideration of the evidence on record disbelieved the prosecution case, inasmuch as, P.Ws.3, 5, 8 and 9 who are eye witnesses of the occurrence have been ..

Category: Criminal Law | Date: | Hits: 69

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Case No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that the petitioner along with other co-accused was being tried on the charge of murd..

Category: Criminal Law | Date: | Hits: 68

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......onvict of the said case and without holding any inquiry to ascertain the identity of the petitioner rejected the application by simply observing that the Tribunal is 'functus officio" and allowed the prosecution's prayer for issuing custody warrant against the present petitioner by his order dated 6..

Category: Criminal Law | Date: | Hits: 73

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......zrul Islam (PW 7), Md. Bodiur Rahman (PW 8) and Mejbahul Alam (PW 9) a Sub‑Inspector of Police besides the informant (PW 1). 4. The testimony of PW 1 has been mentioned above while narrating the prosecution case. PW 2 had recorded the confessional statement of the appellant on 18‑4‑2002 and..

Category: Criminal Law | Date: | Hits: 128

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......ed was forged, fraudulent and created, DW 1 Abdul Awal Minto on behalf of defendant No. 14 gave the deed into evidence. DW 1 Abdul Awal Minto thereby committed a serious offence making him liable for prosecution under section 195(1)(c) read with section 476 of the Code of Criminal Procedure. 52. ..

Category: Property Law | Date: | Hits: 85

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... of the Customs Act comes within the purview of section 25B(1) of the Special Powers Act, no separate sentence is required to be awarded under that section in the present case. 2. The case for the prosecution, as narrated by informant Customs Inspector P.W.1 Saifuddin Ah­med at the trial, is tha..

Category: Criminal Law | Date: | Hits: 87