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Displaying 1601-1620 of 1965 results.
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......y service of notice and that defendant No. 3 served a notice on the plaintiffs to vacate the land in suit and then plaintiffs filed Writ Petition No. 394 of 1970 and the same was dismissed for non-prosecution along with other similar writ petitions. 3.The suit was contested by the defend&..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......, 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 v..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......on erred in law in quashing the proceeding on the ground that the investigaÂtion by the Assistant Inspector of the Bureau was without any lawful authority and the further submission, that bar of the prosecution as provided under section 195(1)(c) of the Code of Criminal Procedure not being attractÂ..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......y stated during the first inquiry. It further appears from the report of the second inquiry that in spite of request from the inquiry officer no new material could be produced from the side of the prosecution and only the prosecutor was examined. The inquiry officer categorically and clearly men..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....n presence of both parties it opened the remaining ballot papers of Bhairampur Primary School Centre and Char Baleswar Primary School Centre and noted the number of ballot papers containing seals, partial seals, code number, signatures, etc. in which votes were cast in favour of the election-pet......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......ets proceedings were pending before a 1st Class Magistrate, Mymensingh. On 14-6-73 two petitions on substantially the same language were filed before the Magistrate, praying for withdrawal of the prosecution against the appellants aforesaid. Material portion of one of the petition may be set ou..Category: Criminal Law | Date: | Hits: 45
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......;trol, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) 4. Vesting of abandoned property.– where before the commencement of this regulation, any property, or the prosecution, control, management administration or other rights of, or in respect of, anyproperty,..Category: Constitutional Law | Date: | Hits: 307
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... consideration of materials on record, considers the charge against any accused person to be groundless but for that he is required to examine the materials on record on the basis of which the prosecution initiated the case/ which means that the materials collected during investigation are t..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be proÂperly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......stances in which the offence is committed, and that the allegation involves "public property" and "public office" and that the approval was granted considering the public imporÂtance attached to the prosecution of the case, allegation of corruption and extortion against a Prime Minister in connecti..Category: Civil Law | Date: | Hits: 254
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....t in a murder case on behalf of the court observed as follows: - "The learned counsel for the appellants pointed out that the doctor who performed the post-mortem examination of the corpses, found partially digested rice in the stomach of the two deceased persons, and he urged that from this it w......investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving false evidence. The defence may use it to contradict the witness, whereas the prosecution may use it to corroborate him when he gives evidence in Court………………………..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......al jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped and accused released under section 3..Category: Criminal Law | Date: | Hits: 46
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ...... In due course, the case sent to the learned Sessions Judge, Pabna for trial, who thereafter transferred the same to the learned Judge, Druto Bichar Tribunal, Rajshahi for trial. During trial prosecution examined witnesses. The accused-petitioners filed petition to recall P.Ws.1-3 but it wa..Category: Criminal Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......the order of further investigation on the basis of a letter. He, therefore, argued that for technicalities an offence cannot be allowed to go undetected and an accused can not be allowed to escape prosecution. 6. Learned Deputy Attorney General further argued that the letter dated 20-08-..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......he respondent No.2 Shahidul Islam was assistant driver cum fireman. The High Court Division in the impugned judgment observed as follows:- "On a careful scrutiny of the aforesaid eviÂdence of the prosecution witnesses is appears that 5/7 minutes before the accident the engine of the goods train ..Category: Criminal Law | Date: | Hits: 43
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......ntÂed, among others, by a duly constituted attorney, will fall upon the lawyer, not upon the plaint. When the power of attorney fails the embargo that follows will fall upon the lawyer, not upon the prosecution of the suit by the principal. The disability attaches to the lawyer not to the plaint. T..Category: Property Law | Date: | Hits: 118
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......s that the confessional statement of Mafizuddin was neither voluntary nor true and the same was extracted by the police inhumanly torturing him keeping him in unlawful police custody. 3. The prosecution in this case examined 14 witnesses and the defendant did not examine any witness. ..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......Division Bench of the High Court Division in Criminal Appeal No. 682 of 1993 dismissing the appeal of the present appellant and allowing the appeal of Imam Hossain, the other accused. 2. The prosecution case, in brief, is that the informant lodged an FIR on 2.7.1988 against the appellant a..Category: Criminal Law | Date: | Hits: 52
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitionÂer, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......13. The petitioner filed Title suit No. 5 of 1987 challenging the certificate case and the order cancelling the loan agreement which, however, ended in a compromise and the suit was dismissed for non-prosecution on 13.12.87. The petitioner paid a sum of Tk. 6,50,000/- and the Bank by its letter date..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......ply to the proceedings of Special Tribunals, and such Special Tribunals shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction, and a person conducting prosecution before such SpeÂcial Tribunals shall be deemed to be a public prosecutor." 4. It app..Category: Criminal Law | Date: | Hits: 58
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