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State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......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 1 Bimal Kumar Das being the informant as well as Investigating Officer was examined..Category: Criminal Law | Date: | Hits: 129
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......ts fled away. The informant learnt that the killers were 10-12 in number. The victim was taken to Barisal Medical College Hospital and the doctors on duty declared him dead. The further case of the prosecution is that the victim had long standing enmity with the respondent, proprietor of 'Om..Category: Criminal Law | Date: | Hits: 41
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Single Bench of the High Court Division in Criminal Appeal No. 1296 of 1994 arising out of Special Case No. 19 of 1991 in the Court of 2nd Additional Judge, and Special Judge, Kishoreganj. 2. The prosecution case, in short, is that while the accused appellant, Md Alauddin Bhuiyan had been workin..Category: Anti-Corruption Laws | Date: | Hits: 90
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......e course of dacoity the informant Shubash Chandra Lashkar's father Subodh Chandra Lashkar was critically injured and he succumbed to the injuries inflicted by the dacoits. It was also the case of the prosecution that the dacoits looted away gold ornaments, cash amount and clothes, that the inmates o..Category: Criminal Law | Date: | Hits: 63
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... of false personation using his name. The trial Court, however, convicted the appellant. 3. The learned Counsel appearing for the appellant submits that the evidence has not substantiated the prosecution case and as such the conviction is bad in law. 4. The learned Counsel also informed ..Category: Anti-Corruption Laws | Date: | Hits: 125
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......party who had trespassed into the land of the appellants, who, therefore, had, in exercise of their right of private defence of property, repulsed the aggression and trespass, and as such no criminal prosecution lies against them. 4. As to the long standing litigations, the appellants submitted..Category: Criminal Law | Date: | Hits: 39
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......II of 1947 and sentenced to suffer rigorous imprisonment for four years and to pay a fine of Taka 16,000/- (sixteen thousand) in default to suffer rigorous imprisonment for one year more. 2. The prosecution case against him is that while acting as the Jute Input Supply Officer he received Taka ..Category: Criminal Law | Date: | Hits: 34
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ...... on the following day, although Motahar had been missing since Esha Prayer time in the night before, raises a doubt as to whether P.W. 1 and others had at all seen the respondents. Furthermore, the prosecution has failed to adduce any reasonable motive for the alleged offence. The only evidence ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......I have every reason, as given below, to believe that the charge of murder against the appellants has not been proved and that their acquittal by the trial Court calls for no interference. 3. The prosecution case centres round the gruesome murder of Siraj Ahmed of village Raichata, P.S. Banshk..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......uring the appeal, and it is for the first time in this Court that the question of sanction has been raised. It is too late to consider this question; though there was some omission on the part of the prosecution to refer to the evidence as to the order of sanction, the trial is found to have been he..Category: Criminal Law | Date: | Hits: 41
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......peal which was dismissed with slight modification of the sentence by the High Court Division, by an order dated 14 July 1986. They are now seeking special leave to appeal from this order. 2. The prosecution case, namely Sessions Case No. 117 of 1983, which arose from a First Information Repor..Category: Criminal Law | Date: | Hits: 44
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......r sections 302/34 of the Penal Code in Sessions Trial Case No. 722 of 1982. 2. At the trial the informant P.W.1 Sufia Khatun, the wife of the deceased Afzal @ Tara Mia Master, gave the following prosecution case; that at about 6.30 A.M. on 7th Chaitra 1388 B.S. corresponding to 21st March, 19..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....istrate and sent the case back for further enquiry before passing any final order upon the application a fresh application made on 28-2-74 by the Court Sub-Inspector of Police, the Magistrate granted partial withdrawal of prosecution in favour of the accused respondents and discharged them by his ......inst the accused Respondents and others under section 302/34 of the Penal Code. On 29-8-73 the Court Sub-Inspector of Police filed an application before the Magistrate praying for withdrawal of the prosecution against the 4 accused respondents on the basis of a memorandum received from the Superin..Category: Criminal Law | Date: | Hits: 43
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......pleaded not guilty to the charge and their case as appeared from the trend of the cross-examination was that the occurrence did not take place at the place and time and in the manner alleged by the prosecution and they have been falsely implicated out of enmity. 5. Eleven prosecution witnesses..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....mpensation. 2. The application was opposed by the appellants by filing a written objection, contending, inter alia, that the application for partial pre-emption of the kabala land by making partial deposit and in the absence of all necessary parties is not maintainable. 3. The learned ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......ngs. In so far as 500 cases of whisky and 911 cartons of cigarettes are concerned. In so far as the shortage of 89 cartons of cigarettes is concerned, the learned Judges observed that it is for the prosecution to prove that those were brought into Bangladesh for smuggling and were sold in black ma..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......port G.I. pipes and G.I. sheets and the permit did not mention any limitation in regard to the value of the several items mentioned in the permit that could be legally imported by the petitioner. The prosecution of the petitioner appears to be the result of an apprehension on the part of the authori..Category: Fiscal/Taxation Law | Date: | Hits: 68
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......nt of Alo Ext. 8, proved the case against the accused persons beyond reasonable doubt. The Revisional case was dismissed. Leave was obtained by the Appellants on the grounds set out above. 3. The prosecution case maybe set out on 16-3-67 there was a serious disturbance in the town of Pabna and t..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......gainst the accused persons. 4. At the trial the accused persons were charged under sections 302/34 of the Penal Code to which they pleaded not guilty and claimed to be tried. 5. The prosecution in this case examined 11 witnesses to prove the charge leveled ..Category: Criminal Law | Date: | Hits: 43
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ntify the house of Murad Huzur and boarded in the microbus but in fact they were taken to the house of P.W.18 Kamrunnahar @ Morzina Begum, a relation of accused Liakat Ali. The further case of the prosecution is that these two minor boys were confined in the custody of accused and accused person..Category: Criminal Law | Date: | Hits: 36
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