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Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......orruption Commission, submits that the FIR and the charge-sheet of the case state about false nomination letters created by the FIR named 17 accused persons in collusion with one another and that the prosecution documents clearly disclose offences and therefore, the Rule should be discharged. 1..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......ns Judge, Rajbari sending back the GR Case No.54 of 1993 on remand allowing the Criminal Revision No.54 of 1993 by the learned Additional District Magistrate, Rajbari should not be quashed. 2. The prosecution case, in brief, is that the informant opposite party No.2 Md. Belayet Mondal on 26-03-19..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......e case, apparent from the trend of cross-examination of the prosecution witnesses, was that no such occurrence took place at the time, in the manner and at the place of occurrence as alleged by the prosecution and the victim was shot in the melee from his own side, but the accused were implicate..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......2 framed charge against the petitioner in absentia under section 10(2) of the Ain and two others under sections 10(2) and 14 by order dated 2.7.2000 and proceeded with trial. In course of trial seven prosecution witnesses were examined. At that stage, the learned District and Sessions Judge, and Sen..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......isional Special Judge, Dhaka in Special Case No.25 of 1994 is set aside and he is directed to rehear the matter of framing charge. In doing so, he shall consider the materials on record including the prosecution materials particularly the FIR, charge-sheet, statements of witnesses made under section..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... submitted final report in their favour. The informant’s husband Md. Kamruzzaman himself made a statement before the Chief Metropolitan Magistrate, Dhaka stating that he was not kidnapped. Thus the prosecution materials are not satisfactory to proceed against the appellants and therefore, the impu..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......bmission on the question of sentence of Muzibur Rahman and submitted that his sentence should be commuted to imprisonment for life for ends of justice. His contention is that facts proved by the prosecution do not call for his capital sentence, inasmuch as, Muzibur Rahman has caused..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......eliable or not. This is the function of the trial court and it might so happen that quashment of a criminal proceeding before commencement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evidence in support of the accusations. 14. He also sub..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......r driver, at whose rented house the appellants were residing. P.W.5 Md. Rezaul Karim is a Sub-Inspector of Police and the Investigating Officer. 7. Learned Judge of the Tribunal, after closing the prosecution, examined the appellants under section 342 of the Code of Criminal Procedure to which th..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......rt of 5th Joint Metropolitan Sessions Judge, Dhaka shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. In short, the case of the prosecution for the purpose of disposal of the Rules is as follows: One Khan Mohammad Raqib Hossa..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......uto Bichar Tribunal, one of the accused, who had been absconding, appeared before the tribunal and upon his application under section 540 of the Code of Criminal Procedure, summons were issued on the prosecution witnesses to appear on the date fixed on 6.1.2011 for cross-examination. He further subm..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....pecial Judge, he did not pay any heed to the same which proved the biasness of the Divisional Special Judge and created an apprehension in the mind of he accused that he would not get fair and impartial justice from him. After examination of P.W.1 on 9-6-1999 while prayer for adjournm......t of Divisional Special Judge, Barisal for disposal and was registered as Special Case No.7 of 2009. It appears that the trial of the case had already commenced and after examination of as many as 23 prosecution witnesses, the petitioner was examined under section 342 of the Code of Criminal Pr..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ...... Magistrate may extend the period upto thirty days: Provided that in cases in which sanction of appropriate authority is required to be obtained under the provisions of the relevant law for prosecution of the accused, the time taken for obtaining such sanction shall be excluded from the li..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ...... put on trial before the Sessions Judge, Hobiganj along with 9 (nine) others and was charged under section 302/34 of the Penal Code to which he pleaded not guilty and claimed to be tried. 3. The prosecution case as stated by P.W.1, the informant (hereinafter referred to as the P.W.) is that Ang..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......ection 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for one year with a fine of Taka 6,800 in default to suffer rigorous imprisonment for two months more. 2. The prosecution case as stated in the First Information Report (FIR), in brief, is that, on 11-2-2003 th..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......n be drawn. There is no doubt that mens rea or criminal intention is mental act of the accused persons which is required to be unearthed either by circumstantial or oral evidence to be adduced by the prosecution during the course of trial. Moreover, abusing their position as public servant the accus..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......w cause as to why the accused-petitioner shall not be granted on bail and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as follows: 3. One victim informant Mrs...Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ...... Arms Act; but because of the abscondance of the petitioner, the charge could not be read over and explained to him and the trial of the case was concluded in absentia. 5. After hearing both the prosecution and the accused present in the dock and on an assessment of the evidence and materials o..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......ccording to our criminal jurisprudence which is being followed since the end of nineteenth century by the superior Courts of the subcontinent, the accused is to be treated as innocent until the prosecution proves its case beyond any shadow of doubt. Every man is presumed to be innocent until h..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......f the Ordinance, the onus lies on the accused to prove that he is not guilty of the alleged offence. This provision of law is some extend different from ordinary Criminal Jurisprudence, that the prosecution has to prove its Case………………… (40 & ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
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