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Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ...... Special Case No.126 of 2010 under the Ain of 2009. 14. In delivering the judgment and order, the High Court Division dealt with the question in this manner: “In this case, the acts for which prosecution has been started were done during the period when Money Laundering Prevention Act, 2002 ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... 4 of 2000. 2. Accused Saiful Islam and Fazilutennessa were convicted under sections 302/34 of the Penal Code and sentenced to death in Sessions Trial Case No. 25 of 1996. 3. The essence of the prosecution case is that Shefali alias Shafu, aged about 26 years, was the daughter of the informant..Category: Criminal Law | Date: | Hits: 84
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. The condemned prisoner remained in abscondance. The charge could not be read over to him. A State Defence lawyer was engaged for his defence. The prosecution in support of its case has examined 15 witnesses and tendered one witness. 5. Abdul A..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......d. 3. The police after usual investigation submitted charge-sheet against accused-appellant Md. Masud Mia under section 6(1) of the Women and Children Repression Act, 1995. 4. At the trial, the prosecution examined as many as 6 witnesses while the accused examined none in defence. 5. The le..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ...... has been filed under section 10(1)(2) of the said Ain. The appointed lawyer of the petitioner filed an application for bail on 23‑3‑2004 but the prayer for bail was refused. On the prayer of the prosecution the petitioner has already been shown arrested. Then the prosecution made an application..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......ve as per sanction of law. "The protection of the individual from oppression and abuse by the police and other enforcing officers is indeed a major interest in a fee society: but so is the effective prosecution of crime, an interest which at times seems to be forgotten. Perfection is impossible: L..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ...... on 28‑4‑2003 when PW6 filed hazira. Next date for PWs was fixed on 26, 27 and 28 of May, 2003. 16. On 26‑5‑2003 PW1 was examined in-chief. In the midst of cross-examination of PW A prosecution filed a petition to direct investigation officer to secure the chemical test report and ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......Abdus Sabur shall be pictured as convict-appellants. Convicts Ayub Munshi neither presented any Jail appeal nor regular Criminal appeal and he will be known as convict Ayub Munshi. 6. Lifeblood of prosecution case programmed in First Information Report and unfurled during trial may succinctly be ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......'s most cherished Fundamental Right that is Right to Life enshrined in Article 32 of The Constitution oil' the People's Republic of Bangladesh. 2. An intensely appalling nature of a case tabled by prosecution and accepted by Special Tribunal No. 8, Comilla, the same being commission of rape on a ..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188....... for a further period of six months. The learned Sessions Judge also convicted co-accused Alamgir under section 326 of the Penal Code but did not award him any separate sentence thereunder. 2. The prosecution case, in short, is that, at about 5-00 PM on 12-7-87 a duck belonging to co-accused Aziz..Category: Criminal Law | Date: | Hits: 52
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......edure before the Senior Special Judge, Sunamganj to discharge him on the grounds that the allegations leveled against him were false and that the complainant not being the ADC (Revenue), the criminal prosecution was not maintainable as it was bar‑red under section 195(1)(c) of the Code of Criminal..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....sion reported in 40 DLR 295 which has been cited by the learned Advocate for the petitioner. 8. Since the complainant has allegations under sections 323/324/506 of the Penal Code, quashment of partial proceedings initiated under section 98 of the Code of Criminal Procedure shall not any way a......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..Category: Criminal Law | Date: | Hits: 49
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......d an application under section 540 of the Code of Criminal Procedure for examination of witnesses named Jahanara Parveen (a Magistrate) and Dr Rehana Khan (a Physician). The petition was filed by the prosecution. 3. By order dated 2‑11‑2003 the tribunal at first closed the prosecution evidenc..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......ate for the opposite parties. 10. By now it is well‑settled that while framing charge against the accused or discharging them the Magistrate shall take into consideration (a) in police case, the prosecution case as given In the first information report, charge‑sheet, statements of witnesses r..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......‑2003 passed by the learned Judge of the Nari‑O‑Shishu Nirjatan Daman Tribunal No.1, Chandpur in Nari‑O‑Shishu Nirjatan Daman Case No. 24 of 2002 rejecting the application for recalling the prosecution witnesses under section 540 of the Code of Criminal Procedure. 2. The case of the pro..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......d ammunition from the house of the petitioner and charge‑sheet being submitted hurriedly and Speedy Trial Tribunal Case No. 6 of 2003 being started, the learned Advocate verbally submits today that prosecution witnesses also have been examined by the Court and he emphatically submits that in view ..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......cted by Mr. Badsha Alamgir, Additional Sessions Judge, Bogra under section 302 of the Penal Code in Sessions Case No. 193 of 1999 are heard and disposed of together by this single judgment. 2. The prosecution case, in brief, is that at about 5.00 PM on 28‑6‑1998 PW6 Rowshan Ara sent her eldes..Category: Criminal Law | Date: | Hits: 54
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......d under the said sections for committing dacoity separately and on being read over the charge he pleaded not guilty and claimed to be tried The accused Razzak was in absconsion. 6. Thereafter, the prosecution witnesses were examined. After completion of examination of the prosecution witnesses, t..Category: Criminal Law | Date: | Hits: 54
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. .......P.C. Moreover, on 25‑9‑2001he recorded the evidence of the complainant. It is necessary for the Magistrate before dismissing the complaint to see whether the complainant had been dilatory in the prosecution of the case or not. In this connection the decision reported in 52 DLR 394in the case of..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... as to why the order dated 2210‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Special Judge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. Facts, in short, of th..Category: Criminal Law | Date: | Hits: 56