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Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ...... (five years. Another accused Shah Alam was also charged along with him with the same offence but on trial he was acquitted by the learned Special Tribunal Judge by the same judgment and order. The prosecution case as stated, inter alia, by the informant P.W.4 Syed Abdur Rashid is that on 2.6.82 a..Category: Criminal Law | Date: | Hits: 74
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495....... accused is taken away if the Court has accepted the plea of guilty and convicted him on such plea. The plea of guilty, which an accused person enters in a case, has to be related to the facts of the prosecution case as stated against him and as disclosed in the accusation. The principle underlying ..Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......gong, in Criminal Miscellaneous Case No. 2281 of 1989 absconded. So, he was tried in absentia in terms of section 339B (2) of the Code of Criminal Procedure. 5. In order to substantiate the charge prosecution produced 2 witnesses namely PW 1 Abdul Khaleque, Deputy Inspector, Narcotics Control Dep..Category: Criminal Law | Date: | Hits: 87
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......tem examination. At 2.30 p.m. her elder son arrived home from Dhaka and went to the morgue with his maternal uncle Shovan. They identified the beheaded dead body as that of the deceased. Further, the prosecution case was that accused Azimuddin Mahmud alias Azam, Abdul Hamid, Irfan Chowdhury, Jahangi..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......the accused persons for an offence punishable under sections 302/34 of the Penal Code, where all who faced the trial, pleaded not guilty and claimed to be tried. 5. During the course of trial the prosecution produced as many as 15 witnesses whereas the defence examined none. The defence case, as..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......absconding accused persons Monjil Hossain, Ramija Khatun, Morshed Alam and Johara Bibi. The accused present in the dock pleaded not guilty and claimed to be tried. 5. In order to substantiate the prosecution case, prosecution examined 16 (sixteen) witnesses who were cross-examined on behalf of t..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......ntence being Criminal Appeal No. 588 of 1989. A Division Bench of the High Court Division by judgment and order dated 2nd February, 2009 maintained the conviction and sentence. 3. According to the prosecution story, the victim got a piece of land by way of gift and though she was living with the ..Category: Criminal Law | Date: | Hits: 81
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......ase and ultimately submitted charge-sheet and the petitioners were then placed on trial before the learned Magistrate, Second Class, Feni where seven witnesses have been examined from the side of the prosecution. The learned Magistrate on consideration of the evidence on record by judgment dated 27-..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......cused Nos. 2-4 have preferred Jail Appeal No. 1944 of 1992 against their conviction and sentence. By this judgment both the appeals and the Death Reference will be disposed of. 4. We construct the prosecution case on the basis of the evidence given by the P.Ws. as hereinunder. 5. P.W.1 Abdur R..Category: Criminal Law | Date: | Hits: 66
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......the facts of the case and also the provision of sections 43 and 44 of the said Ordinance. Section 43 is an indemnity clause in the said Ordinance which reads as follows: "43. Indemnity.‑ No suit prosecution or other legal proceeding shall lie against any person for anything which is in good fai..Category: Property Law | Date: | Hits: 47
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......t to suffer rigorous imprisonment for 2(two) years more and the rest 5 appellants to suffer RI for 5 years and to pay a fine of Taka 5,000.00 each in default to suffer RI for one year more. 2. The prosecution case as made out in the FIR lodged by the informant Al Mamun P.W.1 with the Matlab PS on..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......ner preferred a petition before the Appellate Division praying for withdrawal of the said Misc. Petition No.43 of 1986 and the Appellate Division was pleased to dismiss the said application for non‑prosecution. The order dated 6.8.86 passed by the Deputy Secretary canceling the order No.68/85 date..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ...... framed charge under sections 302/34 of the Penal Code read with Special Powers Act, 1974. As against the petitioner charge was framed in his absence allegedly on the plea that he was absconding. The prosecution examined 13 witnesses and by judgment and order dated 28-9-78, the Special Tribunal No. ..Category: Criminal Law | Date: | Hits: 79
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......t they are not connected with the occurrence but have been falsely implicated in this case out of enmity of grudge. Prosecution examined 14 witnesses but the defence examined none. After close of the prosecution case the accused appellant and another were examined under section 342 Cr.P.C. to which ..Category: Criminal Law | Date: | Hits: 80
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....and the other plot attached to the homestead being as agricultural land then the pre‑emption under section 96 of the State Acquisition and Tenancy Act will arise and in that situation a question of partial pre‑emption in respect of the lands of the same Khatian will arise and it is not permissib...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......d three other accused persons namely, Gopal Chandra Dey, A Rashid and Mirash were found not guilty of the charge under sections 302/34 of the Penal Code and they were acquitted. 2. The case of the prosecution, in short, is that the informant Muslima Begum lodged an FIR to the officer-in-charge of..Category: Criminal Law | Date: | Hits: 74
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......, charge‑sheet under sections 143/448/323 of the Penal Code was submitted against the accused persons and before commencement of trial, charge was also framed against them under those sections. The prosecution examined 7 witnesses including the informant and investigation officer and the defence e..Category: Criminal Law | Date: | Hits: 82
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......gistrate on 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: 67
Category: Criminal Law | Date: | Hits: 64
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......tion 302 of the Penal Code and sentencing him to suffer imprisonment for life along with a fine of Taka 5,000 in default to suffer rigorous imprisonment for a further period of five months. 2. The prosecution case, in brief, is that the deceased Sufia Khatun was married with accused appellant E..Category: Criminal Law | Date: | Hits: 76