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Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)

.... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ......in writing of such Court or of such other Court to which such Court is subordinate. Under Sub-section (2) Court includes Revenue Court. The object of this section is to prevent improper or reckless prosecution by private persons for offence in connection with the administration of public justice ..

Category: Criminal Law | Date: | Hits: 45

Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)

....nd as such there is no cogent reason to inter­fere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......it under section 164 of the Code of Criminal Procedure. The trial court framed charge under sec­tion 302/201/34 of the Penal Code. 4. The defence plea is one of innocence. 5. The prosecution has examined as many as 12 witnesses and the accused persons were also examined under s..

Category: Criminal Law | Date: | Hits: 47

Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)

....t 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: V ADC (2008) 716. ......t 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: V ADC (2008) 716. ..

Category: Criminal Law | Date: | Hits: 49

Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)

....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ...... 2000 from the Judgment and order of conviction and sentence dated 27.9.2000 recorded by Nari-O-Shishu Nirjaton Daman Bishesh Adalat, Mymensingh in Nari-O-Shishu Case No. 149 of 1997. 2. The prosecution case, in brief, is that the deceased Hazera Khatoon aged about 22 years was given in ma..

Category: Criminal Law | Date: | Hits: 51

Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)

....of the High Court Division. Accordingly, both the Jail Petition and Criminal   Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......or also pre­ferred an appeal against the conviction and sentence. These matters have beep-disposed of by the judgment and order dated 04-04-2004 passed by the High Court Division. 3. The prosecution case as has been narrat­ed by P.W.1, the informant, that con­demned-prisoner Bo..

Category: Criminal Law | Date: | Hits: 32

Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)

....arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......) and Tk. 14000/- (fourteen thousand) respectively, in default to suffer rigorous imprisonment for 3(three) months more, in each case. 2. In Civil Petition for Leave to Appeal No. 553 of 2007, the prosecution case, in brief, is that in the financial year 1991-92 a project for reconstruction of Se..

Category: Anti-Corruption Laws | Date: | Hits: 117

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......ision has been pleased to discharge the Rule by the judgment and order dated 01.06.2008 except Writ Petition No.3972 of 2007 with cost. The Rule in Writ Petition No.3972 of 2007 is discharged for non-prosecution as prayed for. 26. As against the judgment of the High Court Division the petitioner..

Category: Civil Law | Date: | Hits: 125

Kamrul Islam Vs. State, 2008, 37 CLC (AD)

....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......entencing him to suffer rigorous imprisonment for 14 years and 10 years respectively and to pay a fine of Tk.20,000/-, in default, to suffer rigorous imprisonment for two years more. 2. The prosecution case, in brief, is that on 11-04-2002 one Md. Mahmudul Haque, Constable, D.S.B, Office ..

Category: Criminal Law | Date: | Hits: 37

Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)

.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......ame is the product of ill motive and to harass because of social rivalry and property dispute existing between the parties but the fact of filing of the case after a lapse of 25 years is no bar to prosecution as there is no period of limitation in lodging of an FIR in respect of a cognizable off..

Category: Criminal Law | Date: | Hits: 35

Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)

....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......6. The case being investigated charge sheet was submitted against the accused petitioner accordingly. During trial the accused petitioner was released on bail, but he absconded. Be that as it may, prosecution produced five witnesses while none was examined on behalf of the defence. Additional Se..

Category: Criminal Law | Date: | Hits: 24

Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)

....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......d order dated 24-11-2004 in Writ Petition No. 6362 of 2004 passed by the High Court Division and ultimately the petitioner did not proceed with the above civil petition and it was rejected for non-prosecution. 5. Thereafter the order of the High Court Division passed in the aforesaid writ..

Category: Criminal Law | Date: | Hits: 31

Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)

....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......er section 467/471/109 of the Penal Code and also under section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Senior Special Judge, Sunamganj. 2. That the case of the prosecution is that complainant Shashi Mohan Das filed a complaint in the Court of Senior Special Ju..

Category: Anti-Corruption Laws | Date: | Hits: 88

State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)

....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......after investigation submitted charge sheet against the respondent under section 302 of the Penal Code; the respondent stood for trial under section 302 of the Penal Code and pleaded not guilty; the prosecution examined 32 witnesses including official witnesses and tendered eight witnesses, the de..

Category: Criminal Law | Date: | Hits: 48

Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......1947 and after investigation charge sheet was submitted against them and the Chief Metropolitan Magistrate, after receiving the charge sheet on 14.2.2000, the Court of Magistrate on the prayer of the prosecution issued warrant against all the accuseds and then on different dates the accuseds obtaine..

Category: Anti-Corruption Laws | Date: | Hits: 152

Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)

.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......atin and Abul Hashem as principal defendants and Deputy Commissioner, Noakhali and Home Secretary, Government of the People's Republic of Bangladesh as proforma defendants for damage for malicious prosecution and wrongful imprisonment. At the instance of the respondent No.3 the said suit has bee..

Category: Constitutional Law | Date: | Hits: 109

Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)

.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......sed husband under sections 302 and 201 of the Penal Code and under sections 302, 201 and 109 of the Penal Code against the other accused persons in the case. The said court then started examining the prosecution witnesses. In the meanwhile accused Rafiqul Islam and Mahfuzur Rahman Chowdhury moved th..

Category: Criminal Law | Date: | Hits: 105

Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)

....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......ari-0-Shishu Nirjatan Daman Ain, 2000 and also for the offence under sections 302/201/34 of the Penal Code to which all the accused persons pleaded not guilty and claimed to be tried. 5. The prosecution examined as many as fifteen witnesses in support of its case but the defence examined n..

Category: Criminal Law | Date: | Hits: 25

Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)

....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 624. ......efence. The defence declined to cross-examine the tendered witnesses. The accused persons were also examined under Section 342 of the Code of Criminal Procedure on conclusion of the evidence of the prosecution and they again pleaded to be innocent and declined to adduce any evidence in support of..

Category: Criminal Law | Date: | Hits: 33

State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)

.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......ppeal No. 3724 of 2003 preferred by convict-appellant Md. Ishaque(Crl. P. No. 358 of 2006) respectively allowing the Appeals and thereby acquitting the convict-appellants. 2. The case of the prosecution, in short, is that Shah Alam Babul (since dead) was Supervisor in Azampur News Paper C..

Category: Criminal Law | Date: | Hits: 36

Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)

....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......ss against the accused petitioner under section 4 of the Dowry Prohibition Act and thereafter framed charge against the accused petitioner under section 4 of the Dowry Prohibition Act. During trial prosecution examined 5 witnesses. On conclusion of the trial, the trial Court convicted the accused..

Category: Criminal Law | Date: | Hits: 31