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State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....inistration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. As regards the initial burden, the views expressed by the High Court Division are partially correct. It held, "If the prosecution has failed in discharging its burden of proving the......s.……………………(5) Burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. As regards the initial burden, the views expressed by the High Court Division are part..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......leged illegal transaction, a prima facie allegation of abetment regarding manipulation of the tender for sale of the abandoned properties has been disclosed against the accused-petitioner in the prosecution materials...........…..(25) Whether the Impugned Proceedings should be Quash..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......No.9 dated 05.06.2007 corresponding to A.C.C. G.R. No. 48/2007, now pending in the Court of Special Judge, Court No.4, Dhaka which was quashed so far as the respondent No.1 is concerned. 2. The prosecution case, in brief, is that the informant along with other forces were on patrol duty, on 27..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......fine of Tk.15, 000/-. 3. This Death Reference and all these appeals having arisen out of a common judgment, these have been heard together and are being disposed of by this judgment. 4. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ...... Hasina Vs. State reported in 63 DLR 40. 8. He lastly submits that in order to constitute an offence under section 27(1) of the Anti-Corruption Commission Act, 2004, the prosecution materials must contain allegations against the accused-petitioner for dishonest ea..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... the Act, 1958. Section 6(5) of the Act, 1958 clearly provided that notwithstanding anything contained in the Code or any other law, previous sanction of the Government shall be required for the prosecution of a public servant for an offence under the Act, and such, sanction shall be sufficient..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......ponsible or was in day-to-day affairs or was in know of or taking part in issuing the cheque on behalf of the Company." 24. In order to come to a decision, we have gone through the relevant prosecution materials wherefrom we have found that the accused, in collaboration with each othe..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......), submits that on the direction of the Appellate Division to make disposal of the Rule on merit, this matter has come before this bench and, as such, it is necessary to examine whether there is prosecution materials on record to proceed with the trial of the Special Case. It is pertinent to se..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......us imprisonment for 3 months and appellants No.1 & 2 to suffer rigorous imprisonment for 2 years and a fine of Tk.3,000/- in default to suffer rigorous imprisonment for 3 months more. 2. The prosecution case, in short, is that one Most. Rosy being complainant filed a petition of complaint b..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ...... 19A and 19(f) of the Arms Act and sentencing him to suffer rigorous imprisonment fourteen years and seven years respectively with a direction to run both the sentences concurrently. 2. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ...... defend the absconding accused-petitioner. The case was thereafter transmitted to the Court of Special Judge and Additional Sessions Judge (3), Dinajpur for disposal. 4. At the time of trial the prosecution examined 8 witnesses including the victim informant and of them one was tendered and pro..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ...... and took necessary cognizance. Thereafter, the appellant was put on trial before Special Tribunal No.3 Comilla on a charge framed against him under the aforesaid section of law. 3. During trial prosecution produced as many as eight witnesses. It deserves mention here that SI Md. Mustafa Kamal ..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......nal Case No.1696 of 2003 arising out of Uttara Police Station Case No.40 dated 30-1-2003 convicting the petitioner under section 19A and 19(f) of the Arms Act, should not be quashed. 2. The prosecution ease, at the trial, in short, is that one SI Golam Rahman lodged an FIR with the Uttara ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Tapan and others Vs. State, 2012, 41 CLC (AD)
....ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......the Dhaka Medical Hospital and on the way, he disclosed the names of the petitioners as his assailants. Victim died in the hospital sometimes thereafter. Besides the above dying declaration, the prosecution has also relied upon the confessional statement of the accused petitioner Sumon Kaz..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......, 1898 (Act No. V of 1898); section 161 A statement recorded under section 161 of the Code of Criminal Procedure is not a substantive evidence. Mere delay in recording the statements of the prosecution witness under section 161 of the Code of Criminal procedure cannot be considered fa..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ...... under sections 302/34 of the Penal Code. In presence of the accused including convict-petitioners in the dock, the charge was read over to them who pleaded not guilty and demanded trial. 6. The prosecution examined 22 witnesses in support of its case while defence examined none. 7. After..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......and Explosive Substances Act. The police ultimately submitted a charge-sheet in case and eventually the case was taken up by the trial court for trial, and in the midst of trial, on the prayer of the prosecution, the case was sent back for further investigation on the reasoning that some accuse..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......und that there is no legal evidence in support of the charges. 3. Admittedly victim Jibran was murdered on his way home back from office on 9th June, 1999 at about 5-30 PM. According to the prosecution version, Titu had love affair with one Samanja and when he came to know that Jibran had ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ...... under section 302 of the Penal Code and sentencing him to imprisonment for life and also to pay fine of Tk.20,000/-, in default, to suffer rigorous imprisonment for 3 (three) years more. 3. The prosecution case, in short, was that one Ruhul Amin lodged a First Information Report in Lakshmipur ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......or of first information report at police station is normally viewed by courts with suspicion because there is possibility of concoction of evidence against an accused. So it becomes necessary for the prosecution to satisfactorily explain the delay. But when there is no explanation for the delay and ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
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