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Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......politan Sessions Judge received the Case for trial on 12-1-1999 and 360 days have already expired on 7-1-2000, but still the trial being not concluded, even not a single witness being produced by the prosecution, the accused-petitioner is legally entitled to bail under section 339C (4) of the Code, ..Category: Criminal Law | Date: | Hits: 26
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......rt itself must be the Court which has been interrupted or insulted. It is therefore manifest that section 228 of the Penal Code wields the Court with extraordinary power of being the complainant, the prosecution and the judge. The purpose in wielding the Court with such power is to maintain and upho..Category: Criminal Law | Date: | Hits: 29
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ...... The charge was explained and read over to the accused to which they pleaded not guilty and claimed to be tried. 6. The defence case, as it transpires from the trend of cross-examination of the prosecution witnesses is that the accused are innocent and that they have falsely been implicated in..Category: Criminal Law | Date: | Hits: 43
Mithu Vs. State, 2009, 38 CLC (AD)
.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......o.6 of 2003. On appeal the High Court Division dismissed the appeal with modification of sentence to the effect that the sentence of death penalty be altered to imprisonment for life. 3. The prosecution case, in brief, is that the deceased Mizanur Rahman along with his friend Hossain Ahmed ..Category: Criminal Law | Date: | Hits: 46
Azam Reza Vs. State, 2010, 39 CLC (AD)
....ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......ilty and claimed to be tried. 8. The defence case is that of innocence and false implication and that the deceased committed suicide by hanging. 9. At the trial in order to prove the charge the prosecution examined 13 witnesses, of whom P.W.1 Lusil Sadekin is the informant and mother of the ..Category: Criminal Law | Date: | Hits: 100
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......t to suffer rigorous imprisonment for a further period of 2 years finding them guilty under Section 307/34 of the Penal Code and the sentences of the imprisonment to run concurrently. 2. The prosecution case, in short, is that one Asma Begum as informant lodged a First Information Report, h..Category: Criminal Law | Date: | Hits: 45
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
....may be presumed that the High Court Division set aside the judgment of the lower appellate Court allowing pre-emption in respect of .41½ acres of land as co-sharer. The High Court Division held that partial preemption of a holding allowed by the Court of appeal below is not permissible in law, that...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..Category: Property Law | Date: | Hits: 33
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....y. 6. As such, the plaintiff filed an appeal being Miscellaneous Appeal No. 177 of 1977 before the District Judge, Dhaka. This was also dismissed by the Judgment and order dated 24.7.2002 with partial modification. Thereafter, the appellant filed a revisional application under section 115 of ......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......This Appeal by leave is directed against the judgment and order dated the 2nd day of August, 2002 passed by the High Court Division in Criminal Revision No.218 of 2002 discharging the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint again..Category: Criminal Law | Date: | Hits: 46
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......68 date 28.11.2003 and G.R. No. 682 of 200 rejecting the death reference and allowing; the criminal appeals and acquitting the accused respondents from the charge levelled against them. 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party ..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......charge against the convict-respondents under Sections 302/149/379/380/114 of the Penal Code and read it over to them in open Court to which they pleaded not guilty and demanded trial. 5. The prosecution examined 18 witnesses out of them 2(two) witnesses were tendered and the rest 16 witne..Category: Criminal Law | Date: | Hits: 294
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ...... 15.12.2008 lifted Emergency with effect from 17.12.2008. Further, the President of the Republic promulgated the Emergency Power Ordinance, 2007 and Emergency Power Rules, 2007. 4. Briefly the prosecution case is that Secretary of the Anti-Corruption Commissioner (the said Commissioner) serve..Category: Others | Date: | Hits: 98
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......ous imprisonment for a period of l(one) year more, rejecting the Death Reference and allowing the appeals and jail appeals and acquitting the respondents in all the leave petitions. 2. The prosecution case, in brief, is that Azizullah Bhuiyan, Advocate, the informant, on 25-9-1995 lodged ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ...... 1st Court of Sub-Judge, Dhaka against Shihamul Haque and others challenging the deed of agreement for exchange, powers of attorney as well the deed of exchange but the suit was dismissed for non-prosecution and subsequently he prayed for restoration of the suit which was rejected by order dated..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ...... to the appellant's known source of income was of the opinion that he had committed offence punishable under the said provisions of law and accordingly submitted a police report re-commending for prosecution of the appellant under the aforesaid provision on 20th April, 2008. 2. The case recor..Category: Anti-Corruption Laws | Date: | Hits: 195
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......he said confessional statement cannot be relied upon but the learned Judges of the High Court Division most illegally sent back the case on remand to the trial court only to fill up the lacuna of the prosecution. 21. He lastly submits that in the instant case the learned Judges of the High Co..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......h the accused-petitioners tried to humiliate the complainant and his father in the estimation of the public and with that end in view influenced accused Nos.1 and 2. 4. The further case of the prosecution is that accused No.1 at the relevant time was sub-Inspector of Police at Pirojpur Police..Category: Others | Date: | Hits: 82
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......mbered as Special Case No.2 of 2007. On receipt of the case the learned Judge of Special Court No.2 framed charge against the accused petitioner under sections 161/109 of the Penal Code. 5. The prosecution examined as many as 40 witnesses and defence examined 8 witnesses. 6. Having being..Category: Anti-Corruption Laws | Date: | Hits: 143
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......5th January, 2008, framed charge against the writ petitioner and examined 6(six) prosecution witnesses and the next date of the case was fixed on 9th November, 2008, for examination of the rest the prosecution witnesses. 5. At this stage the writ petitioner moved the High Court Division and obt..Category: Anti-Corruption Laws | Date: | Hits: 186
Category: Constitutional Law | Date: | Hits: 207