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Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......ty, by invoking inherent jurisdiction, to see whether the trial Court has looked into the relevant law and the materials on record to connect the accused-petitioners with the offence leading to their prosecution in order to prevent abuse of the process of the court or otherwise to secure the ends of..Category: Criminal Law | Date: | Hits: 85
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......f Act II of 1947 and sentencing him to suffer simple imprisonment for 1 (one) year and also to pay fine of Tk. 3,800.00, in default, to suffer simple imprisonment for 6 (six) months more. 2. The prosecution case in brief is, that the appellant as the Head Teacher of the Bakshiganj Primary Sch..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......cused in a criminal case but unless he is found guilty by a Court of law he is deemed to be innocent in the eye of law. He will face the trial as an innocent man as anybody else. It is always for the prosecution to prove beyond reasonable doubt that he is guilty of the offence as charged. No disabil..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......d, prisoner was innocence and false implication and, also, that no marriage proposal had been offered to the family of deceased Rahima Khatun from his side. 9. Informant PW 1 Abul Kalam stated the prosecution case. Deceased Rahima Khatun mad declaration before him that condemned prisoner inflicte..Category: Criminal Law | Date: | Hits: 75
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
.... prescribed form along with documents. The surveyors made a joint survey on 25‑10‑1998 in presence of petitioner's Director Mr. M Waliul Haque and assessed the loss of weight 5% total loss 8% and partial loss 4% of which 20% is total loss. The report was jointly signed by both the surveyors and ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..Category: Company Law | Date: | Hits: 168
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715....... to the petitioner to the effect that he is sentenced to suffer imprisonment for life and to pay a fine of TK. 5,000.00 in default to suffer rigorous imprisonment for 3(three) years more. 2. The prosecution in case, in short, is that on 28.10.2000 at 8:00 A.M. deceased Humayun Kabir, husband of..Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......Daman Ain, 2000 sentencing all of them to suffer rigorous imprisonment for life and to pay a fine of TK. 10,000.00 each in default to suffer rigorous imprisonment for one 2(two) years more. 2. The prosecution case, in short, is that Jannatul Eerdous @ Sagorika is the nice of informant Rezaul Isla..Category: Criminal Law | Date: | Hits: 70
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......ported in 6 MLR (AD) 68. In writ petition no. 298 of 2001 the petitioner no. 4 having entered into a compromise agreement with one Borak Real Estate Ltd. dated 27.6.01 the Rule was discharged for non-prosecution vide order dated 3.7.01 (Annexure-3). Moreover petitioner no 2 has been allotted a resid..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......ugh on a mistaken view of the law or on being wrongly advised, keeping in mind that the said belief that the review application is proper and bonafide should continue during the whole period of such prosecution and unless it could be shown that the said mistake was pointed out to the petitioner in ..Category: Procedural Law | Date: | Hits: 111
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....Works wherein it was clearly stated that those who got the allotment of abandoned house as Government servant are not entitled to purchase of those house (Annexure C to the petition). Subsequently in partial modification of the aforesaid circular another circular vide Memo No. Shakha-5/IM‑26/83/12......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......l Code and sentencing him to suffer Rigorous Imprisonment for 5 years and also to pay a fine of Tk. 500.00, in default to suffer rigorous imprisonment for further 3 (three) months. 2. Facts of the prosecution case briefly stated are that at about 5‑30/6‑00 PM on the 24th Shrabon 1392 BS corre..Category: Criminal Law | Date: | Hits: 73
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....y our Constitution in Article 35(3) of the same which reads as follows: "35(3). Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law." But, unfortunately, in many a case, we find dereli...... of Arrest was issued by the Court against the said accused Tofazzal Ali but no SR of the same was received by the Court and this way quite a long period elapsed and no positive step was taken by the prosecution or the Court to make the case ready for hearing either by splitting up the case of the a..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......itted that in the instant last FIR the allegation is that of killing by shots from a revolver but in the previous FIR it was a case of killing by gun shot injury which clearly reveals that subsequent prosecution story is a manufactured one. He further submitted that the case which ended in acquittal..Category: Criminal Law | Date: | Hits: 85
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......ial Tribunal No.1 convicting the accused‑appellant under section 19A of the Arms Act read with Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for seven years. 2. The prosecution case in brief was, that on 28.7.84 during investigation of Narsingdi PS Case No.15 dated..Category: Criminal Law | Date: | Hits: 85
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ing the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 1,000.00 in default to suffer RI for two months more. 2. The prosecution case is that, while the informant was going to Mirpur to his own house by a baby-taxi fr..Category: Criminal Law | Date: | Hits: 54
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......“21. Where any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, he shall if a plaintiff, be liable to have his suit dismissed for want of prosecution, and if a defendant, to have his defence, if any, struck out and to be placed in the sam..Category: Property Law | Date: | Hits: 108
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......C Cr.P.C. on submission of charge sheet by the investigating officer the Court itself upon consideration of the record, material before it including charge sheet and after hearing the accused and the prosecution can discharge the accused persons. Therefore, we do not find any reason to quash the ins..Category: Criminal Law | Date: | Hits: 83
Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......even) years in each section and also to pay a fine of Taka 2,000.00 in default to suffer rigorous imprisonment for 1 (one) year more with direction to serve both the sentences concurrently. 2. The prosecution case, briefly stated, is that, the informant P.W.4 Shamim Ahmed Haydari was sleeping wit..Category: Criminal Law | Date: | Hits: 78
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......74 and sentencing each of them to suffer Rigorous Imprisonment (RI) for 12 years and also to pay a fine of Taka 5,000.00 in default to suffer Rigorous Imprisonment (RI) for six months more. 2. The prosecution case is that police of Batiaghata PS on receipt of an information that some dacoits woul..Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......y, he was arrested and thereafter he filed this appeal from jail which was numbered Criminal Appeal No.1026 of 1992 and subsequently the same Jail Appeal has been converted into a regular appeal. The prosecution case is that, at about 9-30 AM on 12-10-88, Moslem Uddin, husband of the informant start..Category: Criminal Law | Date: | Hits: 74