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Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......ich they pleaded not guilty and claimed to be tried. Since the petitioner and another accused person were absconding the Special Martial Law Court No. 1 appointed a state defence lawyer for them. The prosecution in total examined 25 witnesses to bring home the charges levelled against the accused pe..Category: Criminal Law | Date: | Hits: 52
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......4/302/ 186/114 of the Penal Code. 5. All the accused persons were charged in lump under the aforesaid sections of the Penal Code to which they pleaded not guilty and claimed to be tried. 6. The prosecution examined as many as 16 witnesses in support of its case and also tendered 3 witnesses fo..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......risonment for one month more. Both the appeals arose out of same judgment and order of conviction and sentence are taken up together for hearing and are being disposed of by this judgment. 2. The prosecution case, in short, is that on the night following 27-2-1984 at about 3.00 AM the appellant ..Category: Criminal Law | Date: | Hits: 41
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
.... Vs. State ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, sp......re police witnesses and were members of the raiding party. . . The Court as a rule of prudence and caution and in order to exclude every possibility of inducement of an innocent person in the case by prosecution along with guilty person always look for corroboration of interested testimony in the ca..Category: Criminal Law | Date: | Hits: 58
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....orted in 1989 BLD 358 = 42 DLR 446 wherein it has been observed that- "It is elementary that where the prosecution has a definite or positive case, it must prove the whole of the case. Therefore, partial departure affects the credibility of the witnesses very much. And complete departure of the ......de and sentencing him to suffer imprisonment for life. The appellant was also convicted under section 307 of the Penal Code and sentenced to suffer imprisonment for life by the said judgment. The prosecution case, in short, is that on 1-7-1979 at 8-00 PM the informant Nazrul Islam was in his pho..Category: Criminal Law | Date: | Hits: 35
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......n of Srenath Chatterjee Lane, Kalibari Road PS Kotwali Barisal on his conviction for the offence punishable under section 302 of the Penal Code passed on 17-5-1997 in Sessions Case No.29 of 1995. The prosecution case, in brief, is that one Asim Kumar Dutta, elder brother of deceased Alak Dutta, lodg..Category: Criminal Law | Date: | Hits: 50
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......e said case. 2. Pending hearing of this Rule another Division Bench of this Division vide their order dated 17-8-2000 granted bail to the petitioners 1-3 on an application filed by them. 3. The prosecution case, in short, inter alia, is that the informant opposite party No.2 Kabir Ahmed lodged..Category: Criminal Law | Date: | Hits: 43
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......Miah by severely burning her with acid for dowry. In the trial Osena Begum was charged under section 10(1) while Babul under section 10(1) read with section 14 of the said Ain. To prove the case, the prosecution examined 11 witnesses while the defence none. Common defence was that deceased Hazera ca..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......n 467 of the Penal Code and sentencing them to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 3 months more. 3. The prosecution case, in brief, is that Meser Ali gifted 58 decimal of land of Plot Nos. 1283 and 1241 o..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....the judicial pendulum swung to the other extreme and that they ran counter to a long line of decisions in the English Courts extending back for more than a century, in which the requirement of an impartial fact-finding and good faith had been insisted upon the administrative bodies in regard to th......ity of making such an order and under rule 129(1) any police officer might arrest any person whom be reasonable suspected of having acted in a manner prejudicial to the public safety or the efficient prosecution of the war. According to the Privy Council, in the case of an arrest under rule 129 (1) ..Category: Constitutional Law | Date: | Hits: 291
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....s directed against the judgment and decree dated 6‑3‑1990 passed by the learned Subordinate Judge, 1st Court, Mymensingh, in Money Suit No. 5 of 1988. The learned Judge decreed the suit, but only partially, and hence is this appeal by the plaintiff. 2. The plaintiff, a schedule bank, brought ...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......cast and charge under sections 302/109 Penal Code was framed against accused Sharifuddin Howlader who pleaded not guilty and claimed to be tried when it was read out and explained. 5. At the trial prosecution examined 18 PWs Pw1 informant Nazrul Islam PW 2 Abdul Gani Sikder, PW 3 Sukur Ahmed, PW ..Category: Criminal Law | Date: | Hits: 42
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... executed on 28‑11-1978 and 15 years expired on 28‑11‑1993, that is, after 28‑11‑1993 the defendant petitioner acquired absolute ownership in the land under dispute. Where a person having partial interest in certain property, transfers a larger interest and subsequently acquired that int...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ..Category: Property Law | Date: | Hits: 84
Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
....ks is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ...... No.2 passed by the Additional Sessions Judge, Sunamganj in Sessions Case No.14 of 1998 arising out of Jagannathpur RS. Case No.12 dated 23.05.1997 corresponding to G.R. Case No.61 of 1997. 2. The prosecution case, in short, is that one Elais Miah lodged a written F.I.R. at Jagannathpur Police St..Category: Criminal Law | Date: | Hits: 43
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......h. Prosecution has examined 24 witnesses to prove the charge against the accused respondents but the defence examined none. The defence case as it reveals from the trend of suggestions given to the prosecution witnesses is that the accused-respondents have been falsely implicated in the case out o..Category: Criminal Law | Date: | Hits: 47
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......o.10, Dhaka for trial where charge was so framed which was duly read over and explained to the accused-petitioner who pleaded not guilty and claimed to be tried. 3. During the course of trial prosecution examined as many as 17 witnesses out of 25 citied witnesses who were duly cross-examined..Category: Anti-Corruption Laws | Date: | Hits: 120
Rakib and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......estigation Police submitted charge sheet No.54 dated 23.02.2003 under Section 326/307/302/114/34 of the Penal Code against 7 accused persons in G.R. Case No.1529 of 2002. 4. In course of trial the prosecution examined 19 witnesses in support of the case while the defence adduced witnesses and u..Category: Criminal Law | Date: | Hits: 38
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......offence under Section 302/34/109 of the Penal Code now pending in the Court of Druto Bichar Tribunal No.3, Dhaka and if at the stage accused-respondent is allowed to go on bail he will threaten the prosecution witnesses as because he is police personnel and has connection with terrorist group henc..Category: Criminal Law | Date: | Hits: 42
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......nted any forged bank document at Sona Masjid customs check post for clearing of imported goods from the said check post. The learned Counsel further submitted that the only allegation made out by the prosecution was non-payment of bank dues by the two co-accused, who opened the L/C but in spite of..Category: Criminal Law | Date: | Hits: 55
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21....... Judge, Narayanganj in Sessions Case No.312 of 2004 dismissing the Criminal Appeal of the condemned prisoner and thereby accepting the death reference by being confirmed the death sentence. 2. The prosecution case, in short, is that on 05.09.2003 one Md. Al-Amin, son of A. Hakim Bepari as informa..Category: Criminal Law | Date: | Hits: 49