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State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......ned prisoner.                             3. The prosecution case, in brief, is that P.W.1 Md. Sadat Ali, filed a petition of complaint on  31...

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......ainst the said judgment and order of conviction. The Reference and the 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 29-04-1995 deceased Masud Ahmed son of informant Shamsuddin ..

Category: Criminal Law | Date: | Hits: 44

Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)

....n.  There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 147. ......, who were the predeces­sors of the petitioner, preferred First Appeal No. 96 of 1963 against the said preliminary decree before the High Court Division, which was ultimately dismissed for non-prosecution on 22.11.1980. The preliminary decree passed in the said par­tition suit was theref..

Category: Civil Law | Date: | Hits: 88

Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)

....d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..

Category: Criminal Law | Date: | Hits: 43

Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)

....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......Penal Code. 3. The case being registered as Sessions Case No. 711 of 1999 was tried by the learned Metropolitan Additional Sessions Judge, 2nd Court, Dhaka who examined 14 witnesses from the prosecution and after hearing the parties convicted the accused respondents to imprisonment for lif..

Category: Criminal Law | Date: | Hits: 36

Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)

....ing cogent reasons does not require interference by us. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ces, we find no substances in the submissions of Mr. Saidur Rahman. 14. In view of the discussion above, the decision arrived at the High Court Division although without dis­cussing the prosecution case or assigning cogent reasons does not require interference by us. Accordingl..

Category: Criminal Law | Date: | Hits: 96

Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)

....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... of accident i.e. 13.05.1986 and a case was registered and on investiga­tion. Investigating Agency having found prima-facie case against the employees of the defendant No.1 submitted report for prosecution and the case was submitted to the Narayanganj Magistrate for trial, that the matter was..

Category: Admiralty Law or Maritime Law | Date: | Hits: 210

Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)

....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......nce passed by the learned Sessions Judge, Manikganj in Sessions Case No.2 of 2001, convicting the condemned petitioner under section 302 of the Penal Code and sentencing him to death. 2. The prosecution case, in brief, is that condemned petitioner and accused Rokeya Begum used to stay toge..

Category: Criminal Law | Date: | Hits: 51

State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)

.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......he Magistrate may extend the period up to thirty days Provided that in cases in which sanction of appropriate authority is required to be obtained under the provisions of the relevant law for prosecution of the accused, the time taken for obtaining such sanction shall be excluded from the ..

Category: Criminal Law | Date: | Hits: 48

Paritosh Rudra Vs. State, 2007, 36 CLC (AD)

....s no substance in this peti­tion for leave to appeal and accordingly, the petition for leave to appeal is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......ssed by the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 81 of 2001 convicting him (petitioner) under Section 302 of the Penal Code and sen­tencing him to death. 2. The prosecution case, in brief, is that one Purnendu Bikash Rudra of Kakara, Cox's Bazar on 04-12-2000 ..

Category: Criminal Law | Date: | Hits: 43

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......the year 1966 the Bengal Tenancy Act was not in existence and the said Miscellaneous Case was dismissed as infractuous but on the basis of misleading submission the said case was dismissed for non-prosecution. It can not be pre­sumed that the auction sale was rightly held as such the judgmen..

Category: Property Law | Date: | Hits: 30

Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)

.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......re both the confessing accused disclosed the fact of commission of rape on the informant by those three accused. 3. Police on completion of investigation submitted charge sheet. During trial prosecution examined 15 witnesses. 4. The defense case is that the accused have been falsel..

Category: Criminal Law | Date: | Hits: 61

State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)

....by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ....../333/224 read with section 34 of the Penal Code. 5. The 5 (five) accuseds were put on trial to answer the charges under sections 302/353/333/224 read with section 34 of the Penal Code. 6. The prosecution case as narrated by the P.W.1, the informant, is that the incident took place on May 13,..

Category: Criminal Law | Date: | Hits: 73

Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)

....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......onths for each Section and to pay a fine of TK. 1000. 00 under each Section in default to suffer simple imprisonment for 1 (one) month more by the judgment and order dated 25.04.2000. 2. The prosecution case, in short, is that on 01.09.1998 the complainant Mahbubul Alam Akan lodged a petit..

Category: Criminal Law | Date: | Hits: 42

Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)

.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..

Category: Administrative Law | Date: | Hits: 120

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......ds under section 394/34 of the Penal Code and sentencing them for different periods arising out of Lalbag Police Station Case No.3(9)86 dated 06.09.1986 and G.R. Case No.5629 of 1986. 2. The prosecution case, in brief, is that P.W.2, Abdul Hye was serving in the Saudi Arabia. He brought $5..

Category: Criminal Law | Date: | Hits: 40

Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)

....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......he Court of Divisional Special Judge, Rajshahi and there petitioner was put on trial to answer the charges as mentioned hereinbefore. The accused having had denied the charges brought against him the prosecution was called upon to establish the same by calling witnesses. It was the defence of the co..

Category: Anti-Corruption Laws | Date: | Hits: 111

Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41.  ......er getting favorable order in the review case, the petitioner allowed the arbitration revision appeal No.16 (which filed by him subsequent to the filing of the review case) to be dismissed for non prosecution and as such he is now left with no remedy. We find substance in this submission of Mr. ..

Category: Property Law | Date: | Hits: 27

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......-3-1990 and after investigation he submitted charge sheet against the respondents and acquitted accused under sections 302/307/201/34 of the Penal Code. During trial 22 witnesses were examined by the prosecution PW Bimal Kumar Das being the informant as well as investigating officer was examined aga..

Category: Criminal Law | Date: | Hits: 94

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

.... Title Ap­peal No.20 of 2002 before the learned District Judge, Dhaka against the aforesaid final decree dated 26-104999; that the plaintiff-petitioner also filed a cross objection praying for partial modification of the final decree on the grounds stated therein. Both the appeals wer......cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..

Category: Procedural Law | Date: | Hits: 86