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Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 64
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......High Court Division held that counterfoils cannot be legal evidence unless the original cheques are proved to be encashed by the accused-petitioner. Accordingly, the High Court Division held that the prosecution could not prove the case beyond all reasonable doubt. We have also considered the mat..Category: Criminal Law | Date: | Hits: 89
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......that, on the face of the documents produced and Received in evidence without objection, the detention was illegal, the whole basis of the sub‑section and the presumption of defectiveness go and the prosecution must fail". In the Case of Anisminic, Ltd. Vs. The Foreign Compensation and another, ..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... so framed against the petitioner under section 19A and 19(f) of the Arms Act, which was read over to the accused person, wherein he pleaded not guilty and claimed to be tried. 5. During trial the prosecution examined 7 witnesses and defence examined none. 6. The defence case as it appears fro..Category: Criminal Law | Date: | Hits: 68
Md. Mahmudur Rahman alias Rasel and others Vs. State, 2011, 40 CLC (HCD)
....e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......laimed to be tried. 5. The defence case as it appears from the trend of cross examination of the P.Ws. that the case was false and they were implicated falsely in this case. 6. During trial the prosecution examined as many as 19 witnesses and defence examined none. 7. After considering the ..Category: Criminal Law | Date: | Hits: 71
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
..../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... Case No.14 of 1995 wherein a charge was so framed in absentia against the petitioner and his 3 sons under section 6/9 of the Cruelty to Woman (Deterrent Punishment) Ordinance, 1983. During trial the prosecution examined as many as 13 witnesses and defence examined none. 4. After considering the ..Category: Criminal Law | Date: | Hits: 67
Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
....rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... framed against the petitioners and another under section 25 (Ka) of the Special Powers Act which was read over to them wherein they pleaded not guilty and claimed to be tried. 5. During trial the prosecution examined 7 witnesses out of 15 charge sheeted witnesses and the defence examined none. ..Category: Criminal Law | Date: | Hits: 77
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......ion 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further period of 1 (one) year. 2. The prosecution case, in brief, is that the informant had dispute regarding land property with his cousi..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 80
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ...... 4. Leave was granted to consider the submissions the learned Counsel for the appellant that "in order to maintain impugned conviction and sentence under the above provision it is essential for the prosecution to prove possession of more than 25 grams of heroine. But, according to him, in the inst..Category: Criminal Law | Date: | Hits: 80
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......was taken for the public interest as there was wide spread allegation that the process of recruitment was tainted by irregularities and corruption. One of the members of the PSC was facing criminal prosecution and six members had resigned. Considering that aspect of the matter, the Commission with..Category: Constitutional Law | Date: | Hits: 247
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......que Chowdhury J.- This appeal and the Death Reference referred to under section 374 of the Code of Criminal Procedure to the High Court, is heard together and disposed of by this judgment. 2. This prosecution case is that the Sub‑Inspector of Police Abdul Hannan of Begumganj Police Station rec..Category: Criminal Law | Date: | Hits: 76
.... Committee recommended the same to the Syndicate. And Syndicate ultimately approved the recommendations and awarded the penalty. The materials or information collected by the Inquiry Committee may be partial or may come from a source inimical to the person concerned. The facts may assume a wholly di...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......to. 11. Admittedly, no FIR was lodged against the petitioner with any Police Station under section 154 of the Code of Criminal Procedure with reference to his alleged graft. To be more precise, no prosecution was launched against him for alleged acquisition of wealth disproportionate to his known..Category: Anti-Corruption Laws | Date: | Hits: 200
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......erred by all the accused‑appellants, the Jail Appeal, being Jail Appeal No.53 of 1989 and the Death Reference No.1 of 1989 submitted by the learned Additional Sessions Judge, Kishoreganj. 3. The prosecution case in short is that on 6.1.82 Wednesday, at about 8‑00/8‑30 in the morning, P.W.11..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......to the petition and marked as Annexure‑C and on the basis of the above the aforesaid case was started against the accused petitioner. It appears from the order sheet of the case that as against the prosecution report of the police dated 25.6.83 a Naraji petition was filed by the complainant opposi..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......aw Ordinance, 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default to suffer imprisonment for 3(three) months more. 2. The prosecution case, in short, is that the marriage between the accused-appellant and complainant-respo..Category: Family Law | Date: | Hits: 185
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ...... and order dated 4.3.86, in Criminal Appeal No. 38 of 1985. 7. After the case record came back to the Court of Additional Metropolitan Magistrate for trial, the learned Magistrate examined several prosecution witnesses and petitioner No. 1 Shambhu Nath Saha as DW 1 who produced certified copy of ..Category: Criminal Law | Date: | Hits: 83
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......d by all the accused‑appellants, the Jail Appeal, being Jail Appeal No. 53 of 1989 and the Death Reference No. 1 of 1989, submitted by the learned Additional Sessions Judge, Kishoreganj. 3. The prosecution case in short is, that on 6.1.82 Wednesday, at about 8‑00/8‑30 in the morning, PW 11..Category: Criminal Law | Date: | Hits: 68
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......e referred to the decision reported in 12 DLR page 100. In this decision a Division Bench of the High Court Division held that re‑trial is not and should not be treated as a method for enabling the prosecution to improve upon the evidence which was led at the original trial nor should it be resort..Category: Criminal Law | Date: | Hits: 52
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