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M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......ion 561A of the Code of Criminal Procedure and obtained Rule and the proceeding was stayed in respect of the petitioner. The Tribunal, in the meantime, concluded the trial by taking evidence of 27 prosecution witnesses and convicted the other accuseds under sections 302 and 149 of the Penal Code..Category: Criminal Law | Date: | Hits: 34
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....ing the learned trial Judge that if there is any possibility or if there is any evidence by which a further investigation is required, the trial Judge can exercise his such power to ensure an impartial trial for a fair justice." 30. In view of the aforesaid observations ......der in question on the back side of an application of accused Abdul Quayum dated 13-4-2005. The action of the learned Magistrate is malafide and it, in fact, leads to the malafide intention of the prosecution to throttle the proper investigation of the case. 12. Th..Category: Criminal Law | Date: | Hits: 43
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......g disappearance of evidence of the aforesaid offence and were thus charged under sections 302/34 and 201/34 of the Penal Code. The learned Sessions Judge by examining 21 witnesses on behalf of the prosecution convicted the aforesaid ten accused under sections 302/34 of the Penal Code and sentenc..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......ar Tribunal, Sylhet wherein it was registered as Druto Bichar Tribunal Case No. 4 of 2003. Prosecution examined 36 witnesses while none was examined as defence witness. The Tribunal after hearing the prosecution and the defence and in consideration of the materials on record by the judgment and orde..Category: Criminal Law | Date: | Hits: 184
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......nd after investigation charge-sheet was submitted against the accused Aynul Sheikh, the two appellants and other acquitted accused. The case being sent for trial, 15 witnesses were produced by the prosecution while the defence did not examine any witness. The defence plea is that of innocence an..Category: Criminal Law | Date: | Hits: 42
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....arliament is the creation of this Constitution and all powers follow from this article namely, Article 7. When supra-constitutional authority suspends the Constitution and while reviving they do it partially on careful selection. Article 7 stood revived on the first day of meeting of the Parliamen......out the Republic. If contempt of a subordinate Court of a particular area was committed outside the territorial limits of the permanent Bench of that area, difficulties would arise with regard to prosecution of the contemner. Difficulties would also arise where violation of the order of a subo..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......elf inflicted dagger blow on the victims. Intra-contradiction of the two confessional statements and the evidence of P.W.4 reveal each one gave a different version of the crime thereby shattering the prosecution case itself. One of the important items of linking up accused with the crime, namely, th..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... below. The PW 4 claimed by the defence to be the actual murderer, his remaining present in the PO not being available in the defence version has no substance. The contradictions and omissions of the prosecution evidence clearly support the defence suggestion that Halima Khatun was not killed in the..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......y the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the sale proceeds and denied the transaction. The prosecution case of entrustment being fully proved and accepted by the three courts below, there is ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... the appellants party were aggressors. On these findings the trial Court convicted and sentenced them as aforesaid. 7. Mr. Abdul Malek, learned Counsel for the appellants, has contended that the prosecution has failed to prove that the incident took place in Plot No. 3834/4168, which was purcha..Category: Criminal Law | Date: | Hits: 49
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......il Court would be clearly untenable and unacceptable. If the appellant, was in possession in 1978 as found by the Civil Court, then for the purpose of the criminal case it was enough to hold that the prosecution evidence as to possession could not be accepted beyond reasonable doubt. The party claim..Category: Criminal Law | Date: | Hits: 59
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......1 and was convicted and sentenced to transportation for life. On appeal the High Court Division changed the conviction to one under sections 394 and 304 Part I, but maintained the sentence. 2. The prosecution case in brief is that on 3rd September, 1979 Nowab Ali, an Ansar, was on duty at post No..Category: Criminal Law | Date: | Hits: 61
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......hman J. — The appellant along with co-accused Firozur Rahman was put to trial for commission of offence under section 420 of the Penal Code and read with section 5(2) of Act II of 1947. 2. The prosecution case, in brief, is that the co-accused Firozur Rahman, a contractor, furnished a securit..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....r putting the mortgaged property to sale and 14.9.87 was actually fixed for auction sale of the property. The appellant by filling an application on 12.9.87 stated that he had paid certain amounts in partial satisfaction of the claim of the H.B.F.C. with an understanding that the balance would be pa......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
....ed that had the law-makers, who are themselves members of the Parliament, any regard for the "equality before law and equal protection of law" in Art. 27 of the Constitution and acted in fair and impartial manner, they would have subjected themselves 10 the same 'disqualification' by amending the ......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
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Category: Election Law | Date: | Hits: 212
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......r section 302 but acquitted the six others of the offence under section 302/34. The High Court Division, however, upheld the conviction and sentence of all the accuseds under section 148. 2. The prosecution case, as told by P.W. 1 Asiran Bewa, is that at about 10 A.M. on 23rd March, 1982 when s..Category: Criminal Law | Date: | Hits: 53
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....sequences of retirement. The subject of dissolution of a firm and the consequences though are dealt with in Chapter VI (section 39 to 55). The Act does not contemplate or deal with the concept of any partial dissolution or dissolution qua an individual partner. Section 4 defines partnership "is ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......e compounded and again it is divided into two parts. Some offences can be compounded by the parties themselves and some offence can be compounded with permission of the Court before which any prosecution for such offence is pending. The courts below did not specify which of the offence was ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......hen participation in the incident of arson and rioting being doubtful they should have been given benefit of doubt by the Courts below. This order is now under challenge before us. 3. The prosecution case originated from an incident which took place on 4 March, 1969 in the country house..Category: Criminal Law | Date: | Hits: 66
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... Prova, grand-daughter of the testator through his only son Rajendra who is admittedly an Indian national. Case of the appellant propounder is that Haricharan Nath, aged about 75, was attacked with partial paralysis in the right side of his body about three months before his death and that his o......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
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