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Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......ation will lead to another question. It is whether deposit of rent in the Office of the Controller is a legal proceeding. According to Section 2 of the Order legal proceeding includes suit, case, prosecution, appeal, revision and review. Deposit of rent in the Office of the Controller is not a s..Category: Property Law | Date: | Hits: 66
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......rial Court according to the case reported in 45 DLR (AD) 48. In a proceeding under section 561A this court cannot be drawn in an enquiry as to the truth or otherwise of the facts which are not in the prosecution case. In this case whether other co-accused had any role in the transaction or whether..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ....... 12. The informant opposite party No.2 knowing about this government decision instructed the Advocate-on-Record Mr. Hari Das Pal to dispose the Criminal Miscellaneous Case No.4636 of 2006 for non-prosecution and accordingly the said case was disposed of vide order dated 01.07.2008 and thus the m..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....Learned Counsel submits that the absence of an oath by art accused person exposes the entire proceedings to perjury and uncertainty so that disclosures made by an accused person could be exercised in partial or total falsehood whilst claiming exoneration. 32. Further, commissions established unde......desh has ratified UN Convention against Corruption and that the impugned Ordinance has contravened obligations of Bangladesh under UN Convention, in particular Article 30 and 31 of the convention for prosecution, adjudication, sanction, freezing, seizure and confiscation. Whereas Article 30(2) of th..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....em PW 5 Police Constable Zulfikar Ali was tendered from prosecution and cross-examination had been declined from convict-appellant. Informant PW 1, also, figured as PW 6 who performed Investigation partially, PW 2 Zafor Ali Khan was seizure list witness witnessing search and seizure, PW 3 and 4 we......sions rendered by them and, also, without being influenced in any way by any observation made by learned Judges. 5. Fate of the appeal hinges on answer to the fundamental question which is whether prosecution could succeed by substantially proving the charge levelled against convict-appellant. ..Category: Criminal Law | Date: | Hits: 84
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......nsation. Hence, a person whose name does not appear in the award cannot make an application under section 28 of the Ordinance. 18. Section 43 of the Ordinance provides for indemnity and no suit or prosecution or other legal proceeding shall lie against any person for anything done in good faith u..Category: Property Law | Date: | Hits: 61
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......Bidhan) Tribunal to answer a charge under section 6(1) of the Nari‑o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, to which he pleaded not guilty and claimed to be tried. At the trial, the prosecution examined as many as 9 witnesses in support of its case while the defence examined none. ..Category: Criminal Law | Date: | Hits: 94
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. .......160 of 2007, now pending in the Court of Special Judge, Court No.2 Dhaka, 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 one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commissi..Category: Criminal Law | Date: | Hits: 126
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......ed 26.2.87 in Drug Case No.3 of 1987 when on the prayer of the accused appellants they were enlarged on bail. The case was heard by Mr. M.M. Munsef Ali, Judge, Drug Court, Dhaka. At the hearing the prosecution examined 6 witnesses, the defence none. 3. The defence, however, in course of the e..Category: Criminal Law | Date: | Hits: 83
Category: Fiscal/Taxation Law | Date: | Hits: 117
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ...... place of occurrence and saw the occurrence and also saw the accused Jamal Uddin fleeing away from the place of occurrence leaving aside the blood stained hashua in the Courtyard. Further case of the prosecution is that deceased Bhanu Bewa had a cow and her son Jamal Uddin pressed her for selling th..Category: Criminal Law | Date: | Hits: 72
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ...... that sanction can be obtained after submission of charge‑sheet but before the trial commences even in case where a prior sanction by the Government is enjoined by law. This case was with regard to prosecution of a Government servant not removable except by the order of the Government. In order to..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......cement of trial the learned Sessions Judge framed charge against the appellants under the aforesaid section to which they pleaded not guilty and claimed to be tried. 4. In order to prove its case, prosecution examined 9 P.Ws. while the defence examined 2 D.Ws. The defence case is one of innocence..Category: Criminal Law | Date: | Hits: 56
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......ted the forged deeds are neither accused nor witnesses in the case. Since such vague allegation made in the charge sheet do not constitute the offence alleged and on such facts no case can stand, the prosecution against the petitioner No.3 is an abuse of the process of Court and is liable to be quas..Category: Criminal Law | Date: | Hits: 105
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......r Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- only, in default, to suffer rigorous imprisonment for one year more. 2. The prosecution case, in brief, is that one Md. Abdul Ali lodged an ejahar with Motlob Police Station, D..Category: Criminal Law | Date: | Hits: 112
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......th Ramna Police Station, Dhaka Metropolitan Police against; convict-appellant No.1, Sheikh Helal Uddin, former Member of Parliament and his wife, Ms. Rupa Chowdhury, convict-appellant No.2. 3. The prosecution case, in brief, is that the Commission issued a notice on 29.05.2007 under Section 26(1)..Category: Criminal Law | Date: | Hits: 108
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......ced to suffer R.I. for 7 years and also to pay fine of Taka 2,000/-, in default, to suffer R.I. for 4 months more by the Assistant Sessions Judge, Sirajgonj in Sessions Case No.274 of 1981. 2. The prosecution case, in brief, is that the complainant-informant P.W.1 Mobarak Hossain was a driver. He..Category: Criminal Law | Date: | Hits: 84
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......pon a complaint made by some person aggrieved by such offence. 12. Section 500 of the Penal Code is in Chapter XXI of the Code. Therefore, a Magistrate is not competent lo file a complaint for the prosecution of witnesses for making a defamatory statement in a proceeding pending before him. It is..Category: Criminal Law | Date: | Hits: 77
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......entencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a further period of 6 months each. 2. The prosecution case, in short, was that dacoity was committed in the night following 10.8.88 in the hou..Category: Criminal Law | Date: | Hits: 76