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Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......ated 27-8-2005 passed by the High Court Division in Criminal Revision No. 1373 of 2003 making the Rule absolute directing the learned Magistrate for starting proceeding against the petitioner and the prosecution witnesses for filing a false case being CR Case No. 53 of 1998 and TR Case No. 149 of 20..Category: Criminal Law | Date: | Hits: 65
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......n Renuka Begum which caused grievous injury to the left elbow joint causing deep bone cut injury. Accused Shamsuddin hit the informant with dagger resulting injury on check. The further case of the prosecution was that victim Ruhul Amin died on the spot a result of injuries caused by the accused ..Category: Criminal Law | Date: | Hits: 47
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......e learned Sessions Judge, Naogaon in Sessions Case No.70 of 1990 finding the appellant and others not guilty and accordingly acquitting them of the charge levelled against them. 2. The prosecution case is that P.W.1 Md. Anisur Rahman, father of the deceased A.B.M. Mamunur Rashid alia..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....n signing and publication of a Compensation Assessment roll or any part thereof under Chapter V or Chapter VA or in respect of any entry in or omission from such roll." 20. Again, partial abatement of a suit does not seem to have been contemplated under President's Order No. 90 ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....e who ultimately resisted the preemption. The grounds taken by her are that the applications for pre-emption are barred by limitation, that the proposed pre-emption is hit by the rule as to bar of partial pre-emption and that the Pre-emptors are no longer co-sharers in the land as they got ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....merger is effected when the entire interest of the proprietor/permanent tenure holder is the same person. The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (2) It provides for partial merger which takes place if a co-sharer landlord acquires the raiyati interest under h......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......nal Appeal No. 37 of 1977 rejecting the Death Reference and allowing the appeal setting aside the order of conviction and sentence with direction to set the respondent at liberty forthwith. 2. The prosecution case was that on 6.12.74 at about 8/9 A.M. accused Md. Haroon attacked Shamsul Anwar nea..Category: Criminal Law | Date: | Hits: 64
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......e confession and that there is no evidence direct or circumstantial to corroborate the confessional statement, and as such the conviction is totally illegal. 4. Evidence adduced by the prosecution in this case consists of the statements of P.Ws.1, 2,3,4,7 and 8 and the unrecorded ext..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......y;tion 23 deals with the procedure of Inspectors and section 25 empowers the Inspector to forward the sample of any drug to the Government Analyst whereupon the Inspector may use the report in any prosecution. In view of those provisions there is no hesitation to opine that the Drug Cont..Category: Criminal Law | Date: | Hits: 59
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... the medical evidence as to the nature of the injuries in the dead body may provide a sufficient ground for out right rejection of the participation of the accused in the crime. 2. The prosecution case centres round an incident of rioting, assault and house-trespass in the course of..Category: Criminal Law | Date: | Hits: 57
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... of prime importance and not necessarily the place in which the alleged act has been done or conduct has been displayed. Furthermore, the learned Additional Attorney General has submitted that the prosecution-report submitted by the police clearly shows that the hut in which the ten accused pers..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......The appellants along with acquitted co-accused Ali Hossain were placed on trial before the Additional Sessions Judge, Jessor, on a charge under section 302/34 of the Penal Code. 2. The prosecution case in brief, was that on 4.9.77 in the evening deceased Dud Mallick aged about 62 ye..Category: Criminal Law | Date: | Hits: 52
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon 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) 359. ...... Division upon 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) 359. ..Category: Criminal Law | Date: | Hits: 45
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ...... Sections 302/34 of the penal code and by order dated 24.03.2003 appointed State defence lawyer to defend all the three absconding accuseds and held the trial in abentia. 7. During trial the prosecution examined 11 (eleven) witnesses while the defence examined none. 8. On conclusion..Category: Criminal Law | Date: | Hits: 35
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon 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) 343. ......n record. 6. The High Court Division held that “In view of the fact that the dead body was not identified as that of Mozammel Huq and that material witnesses have been with held by the prosecution with regard to whether any Mozammel Huq had at all purchased the heads of cattle as al..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......of 2003 rejecting the death reference of convict respondent Md. Jalal Miah and another and dismissed the said appeals with modification of sentence of death to imprisonment for life. 2. The prosecution case, in short, is that the informant, a cousin of deceased Sudhan, on 28.02.2000 at ab..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here 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: VI ADC (2009) 338. ......302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life with a fine of Tk. 2000/- each in default to suffer rigorous imprisonment for 2 years more. 2. The prosecution case, in brief, is that on 28.02.1988 at about 1:30 P.M. while victim Fazer Ali was wor..Category: Criminal Law | Date: | Hits: 38
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no 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) 323....... of charge sheet were all unauthorized and uncalled for in view of the rule 17(7) of the ACC Rules, 2007. 8. It appears from the record that twenty eight witnesses were examined on behalf of the prosecution and trial was concluded and judgment was delivered on 17.07.2007 convicting and sentenci..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....at the decree sought to be declared void is of the Senior Assistant Judge Cox's Bazar and is not amenable within the jurisdiction of the Court. 7. The plaintiff's suit as it stands after the partial amendment is a suit for declaration of title and partition. A decree for declaration of titl...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ..Category: Procedural Law | Date: | Hits: 38
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......f Ershad Sikder and Faruque alias Jamai Faruque. The High Court Division heard the Death Reference No. 05 of 2000 along with the appeals and disposed of by the impugned judgment. 2. The prosecution case, in brief, is that on 22.04.1995 at about 8.30 P.M Joynal was killed by gun shots..Category: Criminal Law | Date: | Hits: 45
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