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Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......r of the victim Meherpur PS Case No.13 dated 22-9-1996 corresponding to GR Case No.228 of 1996 was started against the accused-appellant under section 302 of the Penal Code. 3. Short fact of the prosecution case is that the sister of the accused-appellant Momena previous wife of victim deceased..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......ce awarded to this present accused-petitioner Jamat Ali. The High Court Division commuted the death sentence of the other accused Md. Mokbul Hossain alias Mokbul to imprisonment for life. 4. The prosecution case, in short, was that on 18.10.2001 at about 5.30 Md. Fazlul Haque- the victim went t..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......e accused including the condemned-prisoner under section 302 of the Penal Code. The charge was read over to both the accused who pleaded not guilty and claimed to be tried. 6. At the trial, the prosecution examined six witnesses in all to substantiate its case. Both the accused were examined u..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......e, (in the case of Debabaria Chatterjee Vs. Md. Munsur Ali 36 DLR 136 it is held even senior Advocate can commit mistake) filed review instead of moving High Court Division in revision and this wrong prosecution continue, either at this instance of the petitioner or at the instance of the opposite-p..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......t is not the prima facie case against the accused, but reasonable ground for believing that he has been guilty which prohibits granting of bail. The onus is on the prosecution to disclose those reasonable grounds. Court has to examine the data available in the cas..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......erusal of the same, it appears to us that a clear prima-facie case has been made out therein against the petitioner under the first part of section 26(2) (Ka) of the Ain, 2004 making him liable for prosecution. In this regard, we also endorse the view of the High Court Division that "However, th..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....Appellate Tribunal, Division Bench-3, Dhaka (the Tribunal, in brief) stating that the Commissioner of Appeal was not legally justified in confirming major disallowances of the DCT and allowing a partial relief from some minor heads; that additions of Taka 7,37,000 under section 30(a) of the Ord......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ...... convicted the appellants under sections 302/34 of the Penal Code and sentenced them to death. The High Court Division confirmed the sentence. Now the question is whether the facts proved by the prosecution attract an offence punishable under sections 302/34 of the Penal Code. 4. It is arg..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......h;For the Respondents Writ Petition No. 1750 of 2012. Judgment Farid Ahmed J.— International Crimes (Tribunal) Act, 1973 was promulgated making provision for providing detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ...... and others reported in 48 DLR (AD) Page 213 where their lordships held: "A Criminal Proceeding cannot be quashed on the basis of defence material which are still not part of the materials for the prosecution. The High Court Division deviated from a well-known norm of disposal of an application..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ot desirable to attempt to force it into any procrustean bed, but the statements which I have quoted may, at least, be taken to emphasize the essential requirements that the tribunal should be impartial and that the medical practitioner who is impugned should be given a full and fair oppor......tunity of being heard". 47. In Kanda Vs. Government of Federation of Malaya, 1962 (AC) 322, two men were charged in the Supreme Court at Penag with uttering forged lottery tickets. The prosecution failed? Police officers as witnesses gave false evidence in trial. The two accused men i..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ...... of section 48 of the Arbitration Act the appeal is not maintainable accordingly the appellant did not press the appeal and by the order dated 22-6-2011 the appeal and the Rule were dismissed for non prosecution. Thereafter, the appellants of the said Miscellaneous appeal i.e. the 2..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......sing out of the judgment and order of conviction and sentence dated 03.05.2006 passed by the Nari-O-Shishu Nirjatan Daman Tribunal, Natore, in Nari-O-Shishu Nirjatan Case No.31 of 2004. 3. The prosecution case, in short, was that the accused-respondent Md. Kamal Hossain alias Md. Kamal Praman..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ...... প্রার্থী।” 42. On perusal of the record of Criminal Appeal No.611 of 1989 it appears to us that the occurrence took place with regard to a land dispute. 43. It was the prosecution case that on the date and time of occurrence while Badiur Rahman, the informant, along w..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......n having power to inquire, investigate, conduct cases and life appeals against appealed orders of the Special Judge is a necessary party with a view to defend to convictions and sentences through its prosecution team. 2. Mr. Ahsanul Karim, learned counsel appearing for the accused-responde..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......used, namely: Nazrul, Monir Mia and Mazibur @ Majibul were separately charged under section 326/34 of the Penal Code. The appellant pleaded not guilty and claimed to be tried. 3. The case of the prosecution as stated by P.W.1, informant, Abdul Gani (hereinafter referred to as the P.W.) is that ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... witnesses. It may be stated that on both dates (08.07.2008 and 12.08.2008) the complainant was absent and no step in the case was taken on behalf of the State as well. On 16.09.2008 on behalf of the prosecution, Yasin Kabir was examined as F.W.1 and documents were proved and marked as exhibits and ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......ffer rigorous imprisonment for 1(one) month more, in Nari-o-Shishu Case No.224 of 2010 arising out of Rajpara Thana Case No.33 dated 25-8-2010 corresponding to MGR Case No.1046 of 2010. 2. The prosecution case, in brief, is that on 5-6-2010 at about 10.00 hours at night the victim Amena Khatu..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......members and for day to day expenditure of the respondent No.1 company." 12. Thereafter on 3-8-2010 the Bangladesh Bank prayed for dismissal of the Civil petition for leave To appeal for non-prosecution and accordingly the Leave petition was dismissed for non-prosecution as prayed..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and continuation of the proceedings wi..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
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