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Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......nal No.2, Dhaka in Druta Bichar Tribunal Case No.23 of 2006 convicting the appellant under Section 19A of the Arms Act and sentence him to suffer rigorous imprisonment for 30(thirty) years. 2. The prosecution case, in brief, is that on 19-8-2001 Detective Branch of Police (DB Police), upon a secr..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......nment for one year more. 4. The Death Reference and all these Appeals having arisen out of the common Judgment. These have been heard together and are being disposed of by this Judgment. 5. The prosecution case as projected in the first information report and unfurled at trial are that Mosamma..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......5 Kha (2) / 5Kha(3) /15Kha(5) of the said Rules, 2007 by order dated 24-4-2007. Since the appellant at the time of trial was absent, the charge could not be read over to him. 5. During trial the prosecution examined as many as six witnesses including the complainant. 6. After conclusion of..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
.... 4. Cut injury at the chin cutting mandible. 2"xbone cutting. 5. Cut injury at might shoulder 2"x bone cutting. 6. Cut injury at right partial Zone 3"x SD 7. Cut injury at right arm. 8. Cut injury at left partial zone 2&......st the same judgment and order of conviction and sentence. The reference, criminal appeal and jail appeals have been heard together and are being disposed of by this common judgment. 2. The prosecution case, as projected in the FIR and also unfurled at trial, in short, is that in the night..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......ath awarded by him upon accused Matiur Rahman alias Mati convicting him under section 302 of the Penal Code by the judgment and order dated 5-2-2006 passed in Session Case No.276 of 2000. 2. The prosecution case, as projected in the FIR and also unfurled at the time of trial, in short, is that ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....oss-examination that his father and uncle are alive, I find no explanation why a boy of 20 years was examined to prove the possession instead of his father and uncle who are admittedly alive. Another partial observation without giving any reason whatsoever the Appellate Court made in the following w......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......s Tribunal) in Nari–O-Shishu Nirjatan Case No.364 of 2004 framing charge under Sections 11(L), 30 of the Nari-O-Shishu Nirjatan Daman Ain 2000(briefly as Ain 2000) against the appellants. 2. The prosecution case put in nutshell are that on 08-09-2003 one Ali Ahmed filed a petition of complaint ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......heque is returned unpaid; and (iii) that the drawer should have failed to pay the amount within 30 days of the receipt of notice. It is only when all the above three conditions are satisfied that a prosecution can be launched for the offence under section 138. 12. Now let us see the provision o..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......0. The learned Judge of the Tribunal by his order dated 13.9.2000 framed charge against the appellant under the said section of law, to which he pleaded not guilty and claimed to be tried. 4. The prosecution in order to prove its case examined as many as fifteen witnesses. After closing the pros..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... Supreme Court of India approved its earlier opinions and observed that the Court disapproved the exercise of the extraordinary power of the High Courts in issuing prerogative writs quashing the prosecution solely on the basis of averments in affidavit. I respectfully endorse the above view ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......ear and self respect and to avoid unnecessary harassment even an innocent person remain absconding for sometime. It is well settled that the conviction of several accused an omnibus statement of prosecution witnesses can not be sustained................. (18) Credibility of testimony, oral..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......ode. The case was investigated by a police officer, who after investigation on 29-10-2004 submitted charge sheetagainst two accused persons namely, Farid uddin and Iqbal uddin recommending their prosecution and final report against remaining four accused namely, (1) Md. Kaisaruzzaman (petitione..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ...... section 4 of the Explosive Substance Act and the same was read over and explained to them who pleaded not guilty and claimed to be tried in accordance with law. 5. At the trial of the case, the prosecution examined as many as 11 witnesses to prove the case. The learned Judge of the Tribu..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......r dated 26.9.2007 under the said sections of the Ain and discharged co-accused Riaz Uddin as there was nothing specifically mentioned against him in the petition of complaint. In course of trial, the prosecution examined two witnesses and filed an application for adjournment on 7.7.2008 in absence o..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......an Ain, 2000 and convicting him thereunder to serve a sentence of 3 years rigorous imprisonment and to pay a fine of Tk. 5,000/- in default to undergo simple imprisonment for 3 months more. 2. The prosecution case, in short, was that the P.W.1 Selina Akter, Office Assistant of Ghontaghar Adarsha ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......t, by order dated 31-4-2005, stayed holding of the Annual General Meeting (AGM) of the Respondent No.1 scheduled to be held on 19-9-2005. Eventually the said Company Matter was dismissed for non-prosecution by order dated 2-3-2010. In the meantime, the holding of 19th to 23rd AGMs of the respon..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......Section 409 of the Penal Code and sentencing him to rigorous imprisonment for four years and to pay a fine of Tk.5,000/-, in default, to suffer simple imprisonment for one year more. 2. The prosecution case, in short, is that, one Md. Sobir Ahmed, District Anti-Corruption Officer, Kushtia ..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......the Penal Code, 1861 read with section 5(2) of the Prevention of Corruption Act, 1947, with reference to a sanction letter No.23.40.04.04.01.126.2002-579 dated 26-8-2002, authorizing intiation of the prosecution against the accused-petitioner. 4. The accused-petitioner thereafter obtained bail ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......im Mariam was raped by the accused petitioner by showing fear of knife and pressed her mouth and as a result she became pregnant and thereafter she gave birth to a female child. 6. In this case prosecution examined as many as 12 witnesses, but defence examined none. It appears from the trend o..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......ded by the ACC in this case, is absolutely lawful and the same was accorded after proper application of mind to the facts and circumstance of this case. Hence, there is no illegality in launching the prosecution solely against the accused petitioner and the Rule issued in this case is the liable to ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223