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Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......e 1st Court of Sub-Judge, Dhaka against Shihamul Haque and others challenging the deed of agreement for exchange, powers of attorney as well as 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: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......the High Court Division in Criminal Miscellaneous Case No.1930 of 2008 making the Rule absolute and thereby quashing the proceedings in Foreign Exchange Control Tribunal Case No.12 of 2007. 2. The prosecution case, in behalf, in behalf, is that S. I. Md. Rafiqul Islam lodged Motijheel P.S. Case N..

Category: Fiscal/Taxation Law | Date: | Hits: 75

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......ment and order dated 01.02.2007 passed by a Division Bench of the High Court Division in Criminal Revision No. 207 of 1999 quashing the pro­ceeding of C.R. Case No. 4383 of 1998. 2. The prosecution case, in short, is that on 30.03.2997 the petitioner No.2 threatened to put the office ..

Category: Criminal Law | Date: | Hits: 116

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... and the ordinance was promulgated in the language as under: "Notwithstanding anything contained in any law, including a law relating to any defence service, for the time being in force, no suit, prosecution or other proceedings legal or disciplinary, shall lie or be taken in, before or by any c..

Category: Criminal Law | Date: | Hits: 101

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......Sections 302/34 of the penal Code and sentencing them to imprisonment for life and ordered to pay a fine of Tk. 5000/- in default to suffer rigorous imprisonment for 1(one) year more. 2. The prosecution case, in brief, is that P.W.1 Razia Khatun, wife of the victim, lodged a F.I.R. on 01-1..

Category: Criminal Law | Date: | Hits: 68

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......nti-Corruption cannot investigate an offence under section 156 of the Customs Act on the strength of a Government notification when it is being carried out by the Customs Authority as improved by the prosecution of the Customs Act itself...............(2) Customs Act has assigned the role envisa..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)

....bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......at there is no independent witness and non considering the evidence of Pws.8 and 9 who are independent and seizure list wit­nesses and declined recovery of any arms and failing to find that the prosecution failed to prove the case beyond reasonable doubt and thus the High Court Division commi..

Category: Criminal Law | Date: | Hits: 120

Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)

....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. .......5, Chittagong. The convict-petitioner and other accused in their examination under Section 342 of the Code of Criminal Procedure claimed innocence and demanded trial. 13 witnesses were adduced by prosecution, of them P.Ws.1 and 4 deposed to the effect that fire arms were recovered from the conv..

Category: Criminal Law | Date: | Hits: 155

Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)

....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......9.03.2004 for sanction. But the office of the Prime Minister by a memo dated 22.04.2004 addressed to the writ respondent No.4 (Metropolitan Sessions Judge, Dhaka)declined to accord any sanction for prosecution against the writ respondent Nos.5 and 6 vide Annexure-D2 to the writ petition. A copy o..

Category: Criminal Law | Date: | Hits: 64

State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)

....pon   correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......perused the judgment of the High Court Division and other connected papers on record. 5. The High Court Division held that P.W.1 and 2 who are seizure list witness­es did not support the prosecution case in respect of seizure of the incriminating articles from the possession of the co..

Category: Criminal Law | Date: | Hits: 45

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

.... right regarding assessment of customs duties. In the instant cases the duty was not enhanced by the impugned notification rather the exemption granted earlier was reduced which can also be called as partial withdrawal of the exemption. Such with­drawal or reduction in the exemption is very much wi......­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......gs against persons in respect of certain acts and things.- (1) Notwithstanding anything contained in any law, including a law relating to any defence service, for the time being in force, no suit, prosecution or other proceedings, legal or disciplinary shall lie, or be taken, in before or by any..

Category: Constitutional Law | Date: | Hits: 167

State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)

....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......er both the sections and to pay a fine of Tk.1000/- on both counts, in default, to suffer rigorous imprisonment for a period of one month and both the sentences were to be run concurrently. 2. The prosecution case, in brief, is that informant, Abdur Rouf, Assistant Commissioner (Land) Mirzapur, T..

Category: Criminal Law | Date: | Hits: 63

Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One

....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......g the sentence of death awarded to the above appellants by the learned Session Judge on 08.11.1998 in Sessions Case No. 319 of 1997 under sections 302/34 and 120B of the Penal Code. 2. The prosecution case, as stated by the informant, P.W.1, in his deposition is that he was the Personal ..

Category: Criminal Law | Date: | Hits: 310

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two

.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..

Category: Criminal Law | Date: | Hits: 274

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three

.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’  ......to administer oath to the hijacker, who grabbed State power as the President of the Republic. 345. Mr. Anisul Huq, the learned Counsel for the respondent, pointed out with deep voice that, prosecution, with a view to get justice and to see rule of law has been established, unsuccessfully..

Category: Criminal Law | Date: | Hits: 229

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four

....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......e considered the respective opinions of the learned Judges of the High Court Division and found that the learned Judges have given cogent reasons in believing the explanation of delay given by the prosecution. Accordingly, my learned brother has found that the delay in lodging FIR has been suffi..

Category: Criminal Law | Date: | Hits: 208

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....stice exists in the law and that the law is “the unwritten custom of all or the majority of men which draws a distinction between what is honourable and what is base”. The concept of impartiality is at the core of our system of criminal justice. 635. A Government not of men b......first information report was lodged after undue delay so as to afford enough scope for manipulating evidence. Whether the delay is so long as to through a cloud of suspicion on the seeds of the prosecution must depend upon a variety of factors which would vary from   case to case..

Category: Criminal Law | Date: | Hits: 228

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six

.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... 748. Mr. Abdullah-Al-Mamun, learned counsel appearing for the appellant Major Bazlul Huda and Major A.K.M.Mohiuddin (lancer) argues that there is no reliable evidence  in support of the prosecution story that these appellants have been  recognized by P.W.s 1 and 4 at the place of..

Category: Criminal Law | Date: | Hits: 291

State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ...... Shahid, (4) Abdul Malek, (5) Alam @ Alamgir and (6) Aktar Hossain who pleaded innocence and demanded justice. 6. The defence case as it transpires from the trend of cross-examination of the prosecution witnesses is that of innocence and false implication. The deceased was gunned down in s..

Category: Criminal Law | Date: | Hits: 63