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State Vs. Masum and others, 2010, 39 CLC (AD)
....e of P.W.1 in respect of time, place and recovery of arms and ammunitions which are corroborated by the P.W.2 as one of the eye witness and the said P.W.'s are very much independent and impartial witness and seizure list have been prepared immediately after recovery before lo......e No.2945 of 2003 rejecting the prayer for bail of the accused-respondents arising out of Kafrul Police Station Case No. 26 dated 17.03.2003 under section 19A and 19F of the Arms Act, 1878. 2. The prosecution case, in short, is that one Md. Imamur Hossain, A.S.I. Kafrul Police Station, D.P.M., Dh..Category: Criminal Law | Date: | Hits: 47
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ...... Penal Code sentencing each of them to suffer rigorous imprisonment for 3(three) years and to pay fine of TK.500.00 each in default to suffer rigorous imprisonment for 3(three) months more. 2. The prosecution case, in short, is that informant Md. Shamser Ali brother of deceased Ramjan Ali on 16.0..Category: Criminal Law | Date: | Hits: 26
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......gainst the appellants and the same was read over to them to which they pleaded not guilty and claimed to be tried. 5. Prosecution examined 7(seven) PWs and defence none. 6. After closing of the prosecution evidence the appellants were examined under section 342 CrPC to which they pleaded innoc..Category: Criminal Law | Date: | Hits: 30
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......of 1957) and sentencing him thereunder to undergo rigorous imprisonment for 3(three) years and to pay a fine of Taka 25,000 in default to suffer simple imprisonment for 9(nine) months more. 2. The prosecution case, in short, is that the accused appellant was the proprietor of Mamtaz Jewellery, Ne..Category: Criminal Law | Date: | Hits: 83
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......nder the Provisions of Shops and Establishment Act, 1965 the question arose whether such Nationalised Banks came under the purview of the Shops and Establishment Act. It was argued on behalf of the prosecution that the Bank was a Commercial Establishment as defined in Section 2(d) of that Act. It ..Category: Employment/Service Law | Date: | Hits: 76
Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......d sentenced him to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of TK. 500/- in default, to suffer rigorous imprisonment for a further period of 3(three) months. 2. The prosecution case, in short, is that on 29.9.77 at about 12-30 noon the passenger launch M.L. Mamun l..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62....... appellant along with 11 others was placed on trial in the said case under Section 395/397 of the Penal Code and convicted there under and sentenced to suffer R.I. for 7 years. 2. The case for the prosecution, in short, is that on 9.12.78 at about 2-30 hours at night a gang of dacoits numbering a..Category: Criminal Law | Date: | Hits: 31
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......s filed by the petitioner on the self-same allegations but as he could not make out any prima facie case for issuance of a Rule, the said petition was summarily rejected by this Hon'ble Court for non-prosecution. It is stated by the respondent No. 5 that the petitioner being a sitting Chairman of ..Category: Election Law | Date: | Hits: 104
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......l Code and sentencing them thereunder to rigorous imprisonment for 7 years and to pay a fine of Taka 1,000 each, in default, to suffer rigorous imprisonment for a further period of 1 month. 2. The prosecution case, in short, is that at about 10-00 PM of 21-1-1997 these accused persons along with ..Category: Criminal Law | Date: | Hits: 28
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......ly applies when the offences are distinct under the two laws.” 9. It has been further held in the aforesaid case that even the civil suit is filed for realisation of money the same will not stop prosecution which is as follows: Institution of money suit for recovery of the money will not stop p..Category: Criminal Law | Date: | Hits: 29
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......thority as required under section 6(5) of the Criminal Law Amendment Act, 1958. The learned Special Judge, Cox’s Bazar accordingly, as it appears, wrote to the government for according sanction for prosecution of the accused petitioners in this case and after expiry of the period as stipulated, he..Category: Criminal Law | Date: | Hits: 62
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of 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: 55 DLR (2003) 160. ...... appellants and was read over to them excluding Paltu (Zahid Hossain), who pleaded not guilty and claimed to be tried. Zahid Hossain alias Paltu was charged in his absence. 6. After closing of the prosecution evidence the appellants Jalal, Helal, Belal and Manju facing trial were examined under s..Category: Criminal Law | Date: | Hits: 35
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......Zakir Hossain being present at the Court pleaded not guilty and claimed to be tried and the charge was read out and explained to him. Other 2 appellants still remained absconding. 7. At the trial prosecution examined 8 out of 17 witnesses. PW 1 informant Moslem who proved first information repor..Category: Criminal Law | Date: | Hits: 34
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....lader. During examination-in-cross nothing is found which can also raise any question about his credibility in any way. 15. PW 4, Shova Begum has been declared hostile by the prosecution and her impartiality has also been questioned by PW 1 who has deposed on behalf of the prosecution and accordi......4(1) of the Penal Code and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000 in default, to suffer RI for 6(six) months more. 2. In short, the case of the prosecution is as follows:- On 16‑2‑1995 at about 1:00 PM while deceased Moshiur Rahman was ..Category: Criminal Law | Date: | Hits: 30
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....ter enmity between the informant party and the accused persons, rule of prudence required that the evidence of these two eye‑witnesses were closely scrutinised and corroborated by the evidence of impartial and independent witnesses before their evidences were relied on in basing the impugned judgm......ife given to the accused appellant Anowar Hossain alias Pintu by the learned Sessions Judge, Comilla in Sessions Trial Case No. 37 of 1998 are heard and disposed of by this single judgment. 2. The prosecution case, in brief, is that at about 5‑5.30 PM on 10‑3‑96 two minor boys, Mizan and Fa..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......ted themselves in commission of murder. Judicial confessional statements were recorded by Khodeja Akhtar Khanam (PW 9) and Md Zasim Uddin Badal (PW 10) both Magistrates, First Class. 5. Essence of prosecution case programmed in First Information Report and spelt out during trial was thus: Roke..Category: Criminal Law | Date: | Hits: 31
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......y the plaintiff against violation of an injunction order under rule 2(3) or Order XXXIX of the Code. The provisions enable a party to take interlocutory action for the purpose of assisting him in the prosecution of his cause or protecting or otherwise dealing with the subject matter of the suit. ..Category: Property Law | Date: | Hits: 26
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... imprisonment for one month more each. The accused-appellants also found guilty for the offence under sections 148/323/325 of the Penal Code, but no separate sentence was passed thereunder. 2. The prosecution case, in brief, is that Solema, the step‑sister of the informant, was married with acc..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65....... of Taka 1,000 in default to suffer rigorous imprisonment for one month more, in Sessions Case No. 222 of 1993 arising, out of GR No. 48(2)92 corresponding to Kalmakanda PS Case No. 5(9)52. 2. The prosecution case, in brief, is that the deceased Fultara was married with the accused appellant 5/..Category: Criminal Law | Date: | Hits: 88
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......i Kari Aparad Damon Tribunal. Dhaka and it was numbered as Jananirapatta Case No. 47 of 2000. Charge was framed on 21-5-2000 under sections 10/12 of the Ain of 2000. 5-6-2000 was fixed for trial. One prosecution witness gave Hajira. No evidence could be recorded in view of non-production of accused ..Category: Criminal Law | Date: | Hits: 34
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