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Farid Karim Vs. State, 1992, 21 CLC (HCD)
.... that he would not be sent back to the police custody whether he admits his guilt or not. He denied the defence suggestion that the recording of the confessional statement by the Magistrate was not impartial. 21. P.W.13 ABM Monowarul Islam was the Officer‑in‑Charge of Kushtia Police Station a...... 1987. The convict Md. Farid Karim has also preferred appeal before this Court being Crl. Appeal No.765 of 1987 against the judgment and order of conviction and sentence passed against him. 2. The prosecution case, in short, is, that Tutul, the son of Kalu Sheikh aged about 10/11 years, used to w..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......nt holder of the land of Paul Choudhury. 25. Thus, it appears that all the witnesses examined in the case belongs to one group i.e. persons who took settlement of the land of Paul Choudhury. The prosecution did not examine any independent witness though such witnesses namely Kashem Sarker, Hash..Category: Criminal Law | Date: | Hits: 67
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......ional Sessions Judge, Pirojpur, in Session Case no. 29 of 1989 convicting the appellant in absentia under Section 326A of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case as projected in the First Information Report and unfurled at trial are that on 29-0..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......se No. 6(3)92 corresponding to G.R. No.30 of 1992 convicting the appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that one Saiful Islam, brother of the deceased, Hablu aged about 6 ye..Category: Criminal Law | Date: | Hits: 69
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......ident's Order No. 26 of 1972. The criminal cases were registered as Sessions case Nos. 177, 178, 179 and 180 of 1981 and the Sessions Judge by his order dated 12.5.81 discharged the plaintiffs as the prosecution failed to produce any evidence against the plaintiffs. After being discharged the plaint..Category: Administrative Law | Date: | Hits: 189
Khokan Vs. State, 1990, 19 CLC (HCD)
....ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ......er of conviction and sentence passed by Mr. Md. Abu Baker Siddique, Additional District and Sessions Judge, Dhaka and Special Tribunal No. 12, Dhaka in Special Tribunal Case No. 63 of 1989. 2. The prosecution case in short is that on 23.11.87 at about 9 AM ten accused persons along with others nu..Category: Criminal Law | Date: | Hits: 67
Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......ared urban area within Bera Paurashava. Subsequently, the said SRO dated 24.09.2001 was challenged in Writ Petition No.516 of 2002. A Rule was issued, which was later discharged on 14.07.2002 for non-prosecution. The local Member of Parliament thereafter wrote to the government by letter dated 23.07..Category: Election Law | Date: | Hits: 152
Rustom Ali Vs. Jamila Khatun, 1990, 19 CLC (HCD)
....all be modified accordingly and all other reliefs granted by them shall remain undisturbed. The parties shall bear their respective costs. Ed. This Case is also Reported in: 43 DLR (1991) 301.......at neither the child nor the person who maintains it can claim past maintenance from the father unless the same has been previously fixed either by a decree of the Court or by the father himself. The prosecution seems to flow from the proposition mentioned in the preceding paragraph and is supported..Category: Family Law | Date: | Hits: 253
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... to the Divisional Special Judge, Dhaka who received the same on 22.8.87. The Divisional Special Judge passed order on 28.8.87 that a letter should be written to the Cabinet Division for sanction for prosecution of the accused persons against whom charge‑sheet has been submitted. After 60 days exp..Category: Criminal Law | Date: | Hits: 63
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......lias Salam and another Vs. The State reported in 36 DLR (AD) 58. In the first case it was observed at the end of para 3 as follows: "In a case where the police do not recommend in their report the prosecution of the accused, instead of taking cognizance against the accused, the Magistrate may dir..Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....wledge of the sale beyond 4 months next before the filing of the Misc. Case. He held that Misc. Case is barred by limitation. 5. The learned District Judge also held that the Misc. Case is bad for partial pre‑emption. 2.39 1/2 acres of land appertaining to 11 holdings have been sold by the preâ......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ...... Aminul‑ur‑Rahman Khan J. - The 9 accused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the i..Category: Criminal Law | Date: | Hits: 61
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......or confirmation of the sentence of death passed on accused Kalu Bepari under section 302 of the Penal Code. 2. The condemned prisoner is alleged to have killed his wife, Momtaj Begum. 3. As the prosecution gradually developed in course of the investigation it will be convenient to set out the ..Category: Criminal Law | Date: | Hits: 81
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245.......Magistrate, Tangibari Upazi1a in GR case No. 59 of 1986 convicting the accused petitioners under section 379 of the Penal Code and sentencing each of them to suffer RI for 7 (seven) months. 2. The prosecution case, in short, is that a hut Standing on plot No. 384 of Mouza Pikepara under Tangibari..Category: Criminal Law | Date: | Hits: 66
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......tution. Article 35(2) of the Constitution reads as follows: "35(2). No person shall be prosecuted and punished for the same offence more than once." Article 35(2) of the Constitution relates to prosecution and punishment in a criminal offence in a court of law and does not relate to a departme..Category: Administrative Law | Date: | Hits: 175
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......s appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Golam, Maola, Special Tribunal Judge, Moulvibazar in Special Powers Act Case No. 43 of 1988. 2. The prosecution case as given in the FIR lodged by the informant Lailunnessa (PW 1) against the three ac..Category: Criminal Law | Date: | Hits: 68
Category: Employment/Service Law | Date: | Hits: 89
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....1 now pending in the Court of Senior Special Tribunal No. 1, Dhaka on the grounds, inter alia, that there arose a reasonable apprehension in the mind of the accused that he would not get a fair and impartial trial from that Tribunal stating the grounds for such apprehension in the application which ...... first time on 2.4.1991. The trial thereafter continued, in presence of the parties on 2.4.91, 7.4.91, 9.4.91, 10.4.91, 21.4.91, 22.4.91, 24.4.91 and 27.4.91 During these 8 days including 27.4.91 the prosecution examined their witnesses and in examining their witnesses it is alleged the prosecution ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ...... were heard in a single trial by the learned District and Sessions Judge, Dhaka and disposed of by his judgment and order dated 26.9.88 convicting all the accused‑appellants as aforesaid. 2. The prosecution case, in short, is that Shafiqul Islam alias Arun being wayward, turbulent and unmanagea..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......stry formal complaint under section 81 of the Inland Shipping Ordinance was lodged 28.1.87 by Mr. Motaleb Hossain, Inspector of Inland Ships, Department of Shipping, to the Marine Court Dhaka for the prosecution of the defendant and for compensation under section 52 of the said Ordinance. The procee..Category: Admiralty Law or Maritime Law | Date: | Hits: 164