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Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......or apparent on the face of the record, inasmuch as "Such date of receipt of notice can never be within the knowledge of the complainant and requirement of its disclosure will result in stifling the prosecution and depriving the complainant from proving the prosecution case by evidence at the tri..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......dinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a bar to the institution of any criminal prosecution for offences punishable under Chapter XXI of the Income Tax Ordinance. Hence the prose..Category: Fiscal/Taxation Law | Date: | Hits: 97
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ...... under Section 25A of the Special Powers Act the continuation of the Special Tribunal Case is a gross abuse of the process of the Court, that as the trial is prolonging because of non-coming of the prosecution witness and consequent thereupon as the petitioner i.e. Nur Husain alias Hiron is ..Category: Criminal Law | Date: | Hits: 38
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......cated in the case. 5. Under the aforesaid Sections of law the charge was framed and same was read over to the accused on dock to which he pleaded not guilty and demanded trial. 6. The prosecution examined 12 Pws. all of whom were cross examined by the defence. The defence however di..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......the case record was sent to the learned Special Judge, Jessore. Who framed charge on the basis of the materials available on record to which they pleaded not guilty. 5. During trial the prosecution examined 12(twelve) witnesses while the defence examined none. 6. The learned Sp..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......e case was started. The police on completion of investigation submitted charge sheet under section 302/34 of the Penal Code. 3. Defence plea was one of innocence and false implication. 4. The prosecution examined 19 witnesses in the case. The trial Court on consideration of the materials o..Category: Criminal Law | Date: | Hits: 26
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......nal Code, modifying the sentence of death to that of imprisonment for life. 2. The petitioner was tried on the charge of killing his wife Monowara Khatoon, sister of Nizamuddin (PW.1). The prosecution case is that aforesaid Nizamuddin went to jute cultivation field on 16-7-1998 and on wa..Category: Criminal Law | Date: | Hits: 99
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
.... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ...... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ..Category: Criminal Law | Date: | Hits: 32
Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)
....judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......r was tried on the charge of kidnapping one Raisuddin uncle of informant Abu Taher on 10.09.1991 and thereafter murdering him and causing disappearance of evidence by concealing the dead body. The prosecution case, in short, was that the aforesaid Raisuddin came to visit his relative Abu Taher t..Category: Criminal Law | Date: | Hits: 39
G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ......001 dated 31.7.2001 under section 5(1) of the Anti Corruption Act, 1947 and sections 407, 408 and 409 of the Penal Code now pending before the court of the learned Special Judge, Jessore. 2. The prosecution case, in short, is that the complainant petitioner, G.M. Majid, filed a petition before ..Category: Anti-Corruption Laws | Date: | Hits: 81
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ...... order of conviction and sentence. The Reference and appeals were heard together and disposed of by a single judgment of a Division Bench of the High Court Division. 3. The prosecution case, in brief, is that on 21-06-1998 at about 4.00 p. m. while, the informant (PW.1) S..Category: Criminal Law | Date: | Hits: 44
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ...... 1990 and sentencing him to suffer rigorous imprisonment for 2 (two) years and also to pay a fine of Tk. 3,000/-, in default, to suffer simple imprisonment for 3 (three) months more. 2. The prosecution case, in brief, is that on 10-01-1999 at about 23.45 p. m. one Sri Asit Kumar Pramanik,..Category: Criminal Law | Date: | Hits: 45
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
.... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ......rial Court, who on the basis of materials available on record, framed charge against the accused-petitioner and read it over to him to which, he pleaded not guilty and demanded trial. 5. The prosecution examined 10 Pws. including the Magistrate, who recorded confessional statement of the ..Category: Criminal Law | Date: | Hits: 43
Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)
....appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ......n Criminal Appeal No. 1256 of 1994 dismissing the appeal with modification of the date of commencement of their sentence in view of section 35A of the Code of Criminal procedure. 2. The prosecution case, in short, is that in the night following 18.7.1990 dacoity was committed in the h..Category: Criminal Law | Date: | Hits: 32
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......imprisonment for 3 (three) years and also to pay fine of Tk.500/- in default to suffer simple imprisonment for one month more with a direction to run the above sentences concurrently. 2. The prosecution case, in brief, is that the District Anti-Corruption Officer, Khulna, on 30.9.1993, lod..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......ous imprisonment for 3 (three) years and also to pay fine of Tk. 500/- and in default to suffer simple imprisonment for one month more with a direction that the above will run concurrently. 2. The prosecution case, in brief, is that Md. Ataur Rahman Mia, District Anti-Corruption Officer, Khulna l..Category: Anti-Corruption Laws | Date: | Hits: 81
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......ficial duties for which the authority has censured him with fine of certain amount as mentioned earlier. It appears in the facts and circumstances of the case that it is very much difficult for the prosecution to prove the entrustment of money in question with the petitioner and for which it..Category: Criminal Law | Date: | Hits: 62
Nantu Vs. State, 2007, 36 CLC (AD)
....the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ...... petitioner along with others under Sections 302/149/201 and 3 26 A of the Penal Code and read it over to the accused on dock to which they pleaded not guilty and demanded trial. 5. The prosecution examined 20 Pws. all of whom were crossexamined by the defence. 6. After close o..Category: Criminal Law | Date: | Hits: 37
Malek Gharami Vs. State, 2007, 36 CLC (AD)
.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......ection 302/34 of the Penal Code. The accused persons pleaded innocence and claimed to be tried. 5. It was the defence of the accused persons that there was no incident as alleged by the prosecution and that in the evening Tanjila had quarreled with her mother-in-law and that inmates o..Category: Criminal Law | Date: | Hits: 38
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......r sections 307/34 of the Penal Code for attempt to commit murder of his aforesaid second wife and informant, Jamila Khatun (P.W.1) and also sentencing him in the same terms as above. 2. The prosecution case, in short, is that the victim informant Zamila Khatun was married to the accused ..Category: Criminal Law | Date: | Hits: 41