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Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)

....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......olice came at the Place of occurrence and seized the bricks and kept the seized bricks in the 'জিম্মা’ of Rumi, son of Azizur Rahman. It was the case of the prosecution that the accused persons stole 5,500 pieces of bricks on November 2, 1990. It may be me..

Category: Criminal Law | Date: | Hits: 34

Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)

....eal is allowed on modi­fication of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......eal is allowed on modi­fication of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ..

Category: Criminal Law | Date: | Hits: 35

Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......d not avail. In his cross examination the appellant has admitted that he did not prefer any appeal. Further in sub-section 2 of Section 17 of the Act it has been clear­ly enacted that no such, prosecution or legal proceeding shall lie against any per­son in respect of anything which in g..

Category: Property Law | Date: | Hits: 40

State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)

....signed by the learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......tencing each of them to suffer rig­orous imprisonment for 10 (ten) years and also to pay a fine of Tk. 25,000/-, in default, to suffer rigorous imprisonment for 1 (one) year more. 2. The prosecution case, in brief, is that one Amir Ali Khan, son of P.W. 1, Abdul Barek Khan on 14-07-1..

Category: Criminal Law | Date: | Hits: 36

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......nd in fact this observation is wrong as the Additional District Magistrate has jurisdiction to frame charge under section 307 of the Penal Code. 8. The High Court Division held that all the prosecution witnesses  are related to the complainant and there was bitter enmity between the ..

Category: Criminal Law | Date: | Hits: 38

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......lant No.1 but did not support the case as they were gained over by the convict appellant, 7. It appears that though P.Ws.2, 3 and 5 were gained over but P.Ws.1, 4, 6 and 7 sup­ported the prosecution case and proved the case beyond reasonable doubt. 8. We find that the High Court..

Category: Criminal Law | Date: | Hits: 36

Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)

....ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ......ct and the same were an abuse of the process of the Court. Hence the present criminal petition for leave appeal. 5. Maqbul Ahmed, the learned Advocate for the petitioner submits that if the prosecution case as made out in the first information report and in the charge sheet is admitted as..

Category: Criminal Law | Date: | Hits: 34

State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)

....the submissions of the learned Deputy Attorney General has got no sub­stance and accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......e) seeks leave to appeal against the judgment and order passed by the High Court Division no 27-07-2004 in Criminal Appeal No. 2711 of 1999 (heard with Jail Appeal No. 3181 of 1999). 3. The prosecution case, is brief, is that the deceased Abdul Mannan and informant Abdus Sobhan Howlader w..

Category: Criminal Law | Date: | Hits: 38

Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)

....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judg­ment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......of G.R. Case No.278 of 1999 arising out of Bogra P. S. Case No. 55 dated 14-03-1999 under Sections 406 and 420 of the Penal Code pending in the Court of Magistrate, 1st Class, Bogra. 2. The prosecution case, in brief, is that the respondent No.2 lodged an F.I.R. alleging, inter-alia, that..

Category: Criminal Law | Date: | Hits: 32

State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)

....t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ...... 304 part II of the Penal Code and rigorous imprisonment for 6(six) months under section 324 of the Penal Code. 6. The High Court Division it appears discussed the evidence of each and every prosecution witnesses and on critical analysis of the materials on record came to the findings that..

Category: Criminal Law | Date: | Hits: 48

State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)

....arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......Sultan under Section 302/149 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Tk. 5,000/- each, in default to suffer imprisonment for 1 (one) year. 3. The prosecution case, in brief, is that on 19-09-1989 at about 7.00 a.m. deceased Ful Mia, the elder br..

Category: Procedural Law | Date: | Hits: 79

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

....oot."  65. And the doctor deposed," blackish clotted blood were found under the injured site, tissues are stained which resisted repeated washing. Brain was decomposed partially. Lungs, liver, splean, kidneys, trachea were found con­gested. The ligature on the Nec......eyond reasonable doubt. The other ground for considera­tion was that the victim was not in exclu­sive custody of the convict and that exclusive custody of the hut was not established and that prosecution did not prove its case beyond reasonable doubt against the convict. 4. ..

Category: Criminal Law | Date: | Hits: 62

Shabul Miah Vs. State, 2008, 37 CLC (AD)

.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 986. ......urt Division dismissing Jail Appeal No.738 of 2003 with modification of sentence of co-convict and accepting the Death Reference in part i.e. in respect of only the petitioner herein. 2. The prosecution case, in brief, is that on 12.11.2000 at about 6.00A.M. the inform­ant along with h..

Category: Criminal Law | Date: | Hits: 39

State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)

.... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......nder section 302/34 of the Penal Code and confirming his conviction and sentence for 3 years rigorous imprisonment under section 324 of the Penal Code of causing injury to P.W.2 Ashraf Ali. 2. The prosecution case, in brief, is that the informant (P.W.1) purchased part of the land of plot No.158 ..

Category: Criminal Law | Date: | Hits: 38

Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)

....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......2007 making the Rule absolute and direct the Trial Court to consider the application under Section 265(c) of the Code of Criminal Procedure and to frame charge if required under Rule. 2. The prosecution story, in short, is that the informant lodged a First Information Report with the local..

Category: Criminal Law | Date: | Hits: 31

M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....ing of respective Letters of Credit complying with the provisions of the relevant law and requirements and that at the time of opening of the respec­tive letter of credit the Government allowed partial exemption on the sched­ule rate of duty payable on the consign­ment to the extent o......no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

State Vs. Nurul Amin, 2006, 35 CLC (AD)

....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......09/109 of the Penal Code and section 5(2) of Prevention of Corruption Act 1947 to which the accused respondent pleaded not guilty and claimed to be tried. 5. Sixteen witnesses were produced by the prosecution in support of the charge while none was examined on behalf of the defence. The case of t..

Category: Anti-Corruption Laws | Date: | Hits: 173

Khan Yeakub Ali Vs. The State and others, 2008, 37 CLC (AD)

....her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ...... including the husband Tuli and Moina was examined and due to their non-examination presumption would  be  that  had  they  been examined they would not have supported the prosecution story raises a serious doubt as to the truth of the prosecution case and as such, we th..

Category: Criminal Law | Date: | Hits: 40

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......pected to be, in any part of Bangladesh. The expression "fugitive from justice" is defined in Black's Law Dictionary, 7th Edition, page 680 as "A criminal suspect who flees, evades or escapes arrest, prosecution, or imprisonment, especially by fleeing the jurisdiction or by hiding". 24. The word ..

Category: Anti-Corruption Laws | Date: | Hits: 139

Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)

....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 898. ......rence No. 92 of 2003 reject­ing the Death Reference and dismissing the Criminal Appeal with modification of sen­tence that death sentence be commuted to imprisonment for life. 2. The prosecution case, in brief, is that one Abul Hossain (deceased) father of the informant was assaile..

Category: Criminal Law | Date: | Hits: 22