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A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....efendant in their pleadings. 7. The learned Subordinate Judge upon hearing the parties passed an order on 2.9.90 holding that the defendant may provide the bank guarantee as prayed for but ordered partial decree for an amount of Tk.5,90,540.00 on the basis of admission in the pleadings of the def......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......petitioner under Section 19A and 19(f) of the Arms Act, 1878. The charge so framed was read over to the accused-petitioner who pleaded not guilty of the said charge and claimed to be tried. 4. The prosecution examined as many as 10 witnesses to prove the case while defence examined none. The accu..Category: Criminal Law | Date: | Hits: 64
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......s including the condemned prisoners under section 302/34 of the Penal Code to which the accused persons, who were on dock pleaded not guilty and prayed for trial. 5. At the time of the trial, the prosecution examined as many as twenty (20) witnesses out of twenty nine (29) charge sheeted witness..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... appellants and 2 others, since acquitted, under section 25B(2) of the Special Powers Act, 1974 to which they pleaded not guilty and claimed to be tried. 5. 14 P.Ws. were examined on behalf of the prosecution of whom P.Ws. 6‑10 were tendered and not cross‑examined and defence adduced none. Th..Category: Criminal Law | Date: | Hits: 75
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......n police submitted charge-sheet on 30.09.2005. There being no illegality in filing a second FIR, the High Court Division erred in law in quashing the proceedings which is tantamount to throttling the prosecution. By reference to the case of Abdus Salam Master alias Salam and another Vs. The State, r..Category: Criminal Law | Date: | Hits: 83
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......ge in Title Suit No.12 of 1990 and afterwards filed an application on 28.4.91 stating that he did not want to proceed with the appeal and accordingly the District Judge dismissed the appeal for non‑prosecution by his order dated 28.4.91. The information slip No.65 dated 18.5.91 is annexed to the p..
Category: Civil Law | Date: | Hits: 87
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ....../- to the State and also convicting the appellant No.2, Sigma Huda under Sections 161/109 of the Penal Code and sentencing her thereunder to suffer simple imprisonment for 3(three) years. 2. The prosecution case in brief is that, one Shafiqul Islam, Deputy Director of Anti-Corruption Commission..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....g administered in a discriminatory manner, the party challenging the constitutionality of that statute must show that it has actually been administered to the detriment of a particular class and in a partial, unjust and oppressive manner; the appellant's case must fail because the acquisition challe......ct and then by an amendment section 156 of the Cr.P.C. was made applicable by a notification dated 24.2.58. In those circumstances it was held that the subsequent amendment will be of no help for the prosecution. The 4th case referred to by the learned Advocate for the petitioner is that of Calicut..Category: Immigration and Citizenship Law | Date: | Hits: 343
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......310 of 1990 and Criminal Revision No.1252(R) of 1992 for bail. 2. The reference, the Appeal and the Revision have been heard together and this judgment would govern them all. 3. The case of the prosecution, in brief, is that on Thursday the 18th Kartic, 1394 BS, corresponding to 5.11.87, at ..Category: Criminal Law | Date: | Hits: 91
State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......ent ABM Khairul Haque J. - This is a petition for leave to appeal in respect of the judgment and order of acquittal passed by the High Court Division in Criminal Appeal No.255 of 2005. 2. The prosecution case, in short, is that on the night following 22.04.2001, one Sabu entered the room of ..Category: Criminal Law | Date: | Hits: 71
State Vs. Jabbar, 2010, 39 CLC (AD)
....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......a Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case No.9 of 2007 to face charge under section 302/34 of the Penal Code for the murder of one Helal on 6th October, 1998. 2. According to the-prosecution case, victim Helal had altercation with co-accused Mizan @ Mizanur Rahman Mizan on the..Category: Criminal Law | Date: | Hits: 53
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......., four of the F.I.R.- named accused above excluding Sumon (who was, therefore, not sent up in Charge Sheet) and adding the name of Akhtar above as one of the accused. 4. This is a case where the prosecution witnesses, some of whom may be deemed to be interested parties by reason of being relate..Category: Criminal Law | Date: | Hits: 106
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....hould be swift and sure and that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial.” 24. Another reason is that it is undesirable to let things slide till memories ......an Model Town, Dhaka, as a security prisoner, he having been served with an order under section 3 (1) of the Special Powers Act. That residence was subsequently declared to be a sub‑jail. It is the prosecution case that after the ex‑president HM Ershad was in that sub‑jail from 12th afternoon ..Category: Criminal Law | Date: | Hits: 125
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners 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) 83. ......mitted charge sheet and the condemned prisoners along with others were placed on trial before the Additional Sessions Judge, Chuadanga being charged under sections 302/34 of the Penal Code. 5. The prosecution examined 13 witnesses including the formal witnesses to prove its case. The defence plea..Category: Criminal Law | Date: | Hits: 110
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......ed that inspite of repeal of the Ain of 2002 under which the offence was alleged to have been committed from 01.01.2003 to 31.05.2007, Section 6(b), (c) and (e) of the General Clauses Act enables the prosecution to continue with the legal proceeding or to institute any legal proceeding or to take re..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......ed as Special Case No.161 of 1984. The accused petitioners having surrendered there on 8.3.1984 were enlarged on bail on 8.3.1984. The trial could not be held due to several adjournments taken by the prosecution and also for other reasons over which the accused petitioners and other co‑accuseds fi..Category: Criminal Law | Date: | Hits: 80
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......e and expenditure of the plaintiff was called for, the Secretary Mr. Enamul Haque Milu had failed to account for the income and expenditure of the plaintiff organization and he, apprehending probable prosecution, has filed this suit to plead as defence. The defendant has examined one witness to prov..
Category: Property Law | Date: | Hits: 89
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......it may, in appropriate cases, require, by such order, the reinstatement of the complainant thereof and such order shall be final.
Provided that any complaint under this section shall not amount to prosecution under section 27 of this Act;
(e) no Court fee shall be payable for filing or exhibit..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......tions 467/109 of the Penal Code and sentenced him to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Taka 500.00, in default to suffer RI for a further period of 1 month. 2. The prosecution case, in short, is, that appellant Abdul Hakim while he was Upazila Education Officer, M..Category: Criminal Law | Date: | Hits: 84
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....plaint Case No. C‑3 of 1983 before the Respondent 1. 3. The petitioner before the Respondent 1 contended that he did not commit any offence as alleged; that the enquiry was not held fairly and impartially, the Enquiry Officer did not examine any prosecution witnesses in his presence and the pet...... 1. 3. The petitioner before the Respondent 1 contended that he did not commit any offence as alleged; that the enquiry was not held fairly and impartially, the Enquiry Officer did not examine any prosecution witnesses in his presence and the petitioner was not given any opportunity to cross ex..Category: Labour and Industrial Law | Date: | Hits: 115
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