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Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......titioner the Enquiry Officer called the petitioner verbally and asked him a few questions and to sign on certain papers and he put his signature on good faith. He also claims that no witness from the prosecution or the defence was examined at the time of the enquiry. Thereafter the petitioner was re..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......re the accused and the Court considering the facts and circumstances of the case cancelled the order of remand but rejected the prayer for bail. 17. On 26.6.93 another application was filed by the prosecution for review of the order dated 24.6.93 cancelling the order of remand and the prayer was ..Category: Criminal Law | Date: | Hits: 87
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......m to suffer rigorous imprisonment for 4 years and also to pay a fine of Tk. 2,000.00, in default suffer RI for 1(one) year more and directed that both the sentences should run concurrently. 2. The prosecution case, in short, is that on 24.7.86 Chowkidar Azizur Rahman came to the police station an..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......f Haji Golain Sarwar Vs. Dayarant reported at page 179. In that case his Lordship Hamoodur Rahman the then Chief Justice of Pakistan observed that time for readmission of appeal dismissed for want of prosecution runs from date of dismissal and not from the date of knowledge of dismissal. His Lordshi..Category: Procedural Law | Date: | Hits: 74
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ...... has been observed that the statement of the accused under section 342 Cr.P.C. is meant for giving him an opportunity to explain the circumstances appearing against him in the evidence adduced by the prosecution. This is entirely for the benefit of the accused and the accused only. Therefore, we fin..Category: Criminal Law | Date: | Hits: 69
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... 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: 55 DLR (2003) 328.......lant under section 302 of the Penal Code and sentencing him to imprisonment for life and to pay a fine of taka five thousand, in default to suffer rigorous imprisonment for six months more. 2. The prosecution case, in brief, is that whilst making inquiries about an unnatural death case (UD Case N..Category: Criminal Law | Date: | Hits: 51
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......sons were charged under sections 148 and 302/149 and 114 of the Penal Code and under section 307/149 and 114 of the Penal Code. Accused Fazal Fakir was absconding and was tried in absentia. 6. The prosecution examined 17 witnesses while the defence none. Their common defence was of innocence. ..Category: Criminal Law | Date: | Hits: 60
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......that the impugned order dated 24.2.1993 is not only invalid and irregular but also void ab initio and is therefore liable to be set aside. Title suit No.2 of 1993 has already been dismissed for non‑prosecution on 22.2.1993, he adds. In reply Mr. Asrarul Hossain contends that the impugned order dat..Category: Civil Law | Date: | Hits: 104
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......ent of duties under MP's quota, who it is said, illegally transferred the vehicle to the writ petitioner without payment of tax. The police eventually submitted a police report recommending for prosecution of the writ petitioner, Harun-or-Rashid and one Mustak Ahmed. 4. The case record was ..Category: Anti-Corruption Laws | Date: | Hits: 214
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ...... of the Arms Act. Charge was framed in this case under Section 19(A) of the Arms Act and the same was read over and explained to the accused, who pleaded not guilty and claimed to be tried. 4. The prosecution examined 7 witnesses and defence examined none in this case. 5. The defence plea is t..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......espondent No.1 and dismissing those respect to the respondent No.2 and acquitting the respondent No.1 and commuting the death sentence of the respondent No. 2 to that imprisonment for life. 2. The prosecution case, in brief, is that on 29.8.2002 Dr. Md. A. Huq Molla, the informant, lodged FIR wit..Category: Criminal Law | Date: | Hits: 56
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 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: 19 BLT (AD) (2011)135.......Md. Aftab Hossain, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division as well as the trial Court committed error of law in not considering the fact of the prosecution case stated in the FIR by the informant of the case who has already been proved by the P..Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......he case of Kawsanm Nessa Vs. State reported in 48 DLR 196 wherein it has held — "Non examination of independent witnesses especially some of the close neighbour calls for presumption against the prosecution." 105. In this appeal as I discuss the evidences of PWs mentioned hereinabove from wh..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......ferred by condemned-prisoner Md. Swapan, Md. Lebu Miah, Shahin, Masud, Apple and Al-Amin respectively. All the matters have taken together for disposal and disposed of by a common judgment. 2. The prosecution case in short, is that, deceased Md. Biplob Miah was the younger brother of P.W.1 Chunnu..Category: Criminal Law | Date: | Hits: 76
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......6 who framed charge under section 19 (A) and (f) of the Arms Act 1878 against the accused which was read over to him and explained in Bengali. He pleaded not guilty and claimed to be tried. 5. The prosecution examined as many as 9 witnesses being duly cross-examined by the defence. After conclusi..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264....... by the A.C.C. in this case, is absolutely lawful and the same was accorded after proper application of mind to the facts and circumstance of this case. Hence, there is no illegality in launching the prosecution solely against the accused petitioner and the Rule issued in this case is liable to be d..Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ...... 17 other accuseds on 7.9.91 under sections 409/34/109 of the Penal Code and section 5(2) of the said Act (II of 1947) read with section 109 of the Penal Code against other accused persons. 4. The prosecution case out of which the present Rule has arisen, in short, is, that the petitioner as the ..Category: Criminal Law | Date: | Hits: 286
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......e framed by the learned Judge of the Tribunal could not be read over and explained to the convict-petitioners. 9. However, the trial of the case was held in absentia. At the trial of the case, the prosecution examined as many as 6 witnesses to prove the prosecution case. After taking evidence, ..Category: Criminal Law | Date: | Hits: 86
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......1A of the Code of Criminal Procedure. 13. Mr. Khondakder Mahbub Hossain, appearing on behalf of the convict-respondent supported the decision of the High Court Division. 14. It appears that the prosecution examined as many as 10 witnesses out of charge sheet continuous in Metro. Special Tribun..Category: Criminal Law | Date: | Hits: 67
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......nt and order of conviction and sentence passed by the learned Sessions Judge. Both the reference and the appeal were taken up together for hearing and are disposed up by the same judgment. 2. The prosecution case, in brief, is that on 2.12.86 the informant Amjed Hossain and his father Mashar Udd..Category: Criminal Law | Date: | Hits: 76