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Displaying 1701-1720 of 1965 results.

Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)

....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......dical departure from what he stated in the first report. It ought to have also been clear to him that as a result of what he stated in the second report someone was going to be exposed to criminal prosecution and that under section 302 of the Penal Code endangering his neck. In discharging his p..

Category: Criminal Law | Date: | Hits: 58

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ort Words ‘final report’ or ‘charge sheet’ do not occur in section 173 Cr.P.C. under this section the police on completion of the investigation shall submit a report to the Magistrate for prosecution of the accused persons or for releasing them. In the Police Regulations of Bengal a ..

Category: Criminal Law | Date: | Hits: 79

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

.... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......ondent Nos. 1 to 4 were placed on trial before the Assistant Sessions Judge, Bogra—respondent No. 2 on charge under sec­tion 467 and respondents 1 to 4 under section 467/109 of the Penal Code. The prosecution case, in brief, was that one Asiruddin being, childless adopted Saleha and Ishaque Uddin..

Category: Anti-Corruption Laws | Date: | Hits: 112

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ......nant and the accused persons were partners, principle laid down in AIR 1951 Calcutta, subsequently approved by the Supreme Court of India in AIR 1965 (SC) 1433 would apply. In such circumstances, the prosecution is not maintainable. If the prosecution for criminal misappropriation, cannot be mainata..

Category: Criminal Law | Date: | Hits: 146

Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)

....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... partition in terms of the consent decree. But the trial Court, on a date fixed for hear­ing, found the plaintiff absent, whereupon the trial Court dismissed the suit "for want of further prosecution". The Privy Council to which the matter ultimately went, held this order of dismis..

Category: Others | Date: | Hits: 97

Abdul Quddus Vs. The State, 1991, 20 CLC (AD)

.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......ent and order passed by the Sessions Judge, Pabna convicting the appellant under section 302 of the Penal Code and sentencing him to death by hanging in Sessions Case No. 20 of 1987. 2. The prosecution case, in short, is that accused Abdul Quddus had land on the eastern side of the house..

Category: Criminal Law | Date: | Hits: 58

Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)

....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......r the treatment of late Alhaj Dr. Sultan Ahmed MBBS, that she was admitted into the hospital on account of such bleeding and ultimately she died a natural death there and that the allegation of the prosecution was false.   8. Prosecution examined seven witnesses in support of it..

Category: Criminal Law | Date: | Hits: 51

Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)

....ion of judgment. 16. Since the present case has not been decided by the lower appellate Court solely on the concession of the lawyer of the plaintiff‑respondents, but also partly on a partial consideration of the evidence on record, it now falls to be considered whether the lower ap......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..

Category: Property Law | Date: | Hits: 28

State Vs. Shafique and others, 1991, 20 CLC (AD)

....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......ppeal No. 30 of 1986 challenging their order of conviction and sentence. 3. The criminal appeal and the leave petition are heard together and are disposed of by this judgment. 4. The prosecution case in short, is that, on 9.9.77 deceased Dudu Miah was called by accused khokan, Rafi..

Category: Criminal Law | Date: | Hits: 49

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......lready stated above against the appellant and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an on..

Category: Criminal Law | Date: | Hits: 57

State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)

.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......his appeal whether the principle relating to circumstantial evidence as referred to above has been correctly followed in the facts and circumstances of the present case. 7. As for the facts, the prosecution case, briefly, is that the victim, Khairul Alam, a student of class III and aged about 9..

Category: Criminal Law | Date: | Hits: 38

Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)

.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......33 after acquisition was released from acquisition and hold that the order of release in respect of plot No. 533 (Annexure 'A') was interpolated, thus unnecessarily prejudicing the appellant in the prosecution of the pending suit and proceeding. The High Court Division has also made an uncalled f..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)

....it develops into an infectious practice we like to nip this unhealthy trend in the bud.            The petition is dismissed. Ed. ......nd that a criminal proceeding cannot be quashed on this ground. 6. The last point canvassed before the High Court Division was that the liability, if any, was of a civil nature for which no prosecution would lie. Since, according to the petition of complaint, the accused-petitioner totall..

Category: Criminal Law | Date: | Hits: 34

Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)

.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... of an order of conviction and sentence under sections 325/34 and 316/34 of the Penal Code sentencing each of them to suffer rigorous imprisonment for one year and also to pay a fine. 2. The prosecution case, in brief, is that on 13.5.87 at about 7 PM accused persons armed with weapons for..

Category: Criminal Law | Date: | Hits: 37

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......;   9. In their affidavit-in-reply the appellants, inter alia, stated that Proddyut Kumar Bose did not pursue his objection and it was ultimately rejected on 28.3.83 for non‑prosecution. 10. Respondent No. 4 also filed an affidavit­-in‑opposition alleging ..

Category: Property Law | Date: | Hits: 36

Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)

.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... him with a sharp cutting weapons and concealed his dead body under water hyacinth in the WAPDA Canal. On the above allegations the accused opposite parties were put on trial. 3. In this case four prosecution witnesses were examined and the remaining witnesses named in the charge‑sheet were not..

Category: Criminal Law | Date: | Hits: 39

Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)

.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ....... (1) No suit or legal proceeding shall lie against the Provincial Government in respect of anything which is, in good faith, done or intended to be done, under this Act. (2) No suit, prosecution or legal proceeding shall lie against any person in respect of anything which is, in g..

Category: Civil Law | Date: | Hits: 99

The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......jibur Rahman Pramanik, were convicted under section 201 of the Penal Code. The High Court Division set aside the order of conviction of the respondent after finding no evidence against him. 2. The prosecution case, in brief, is that in the night following 14th Sraban 1388 BS corresponding 30.7.81..

Category: Criminal Law | Date: | Hits: 49

Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)

....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......d the rest of the accused persons were acquitted, On appeal by the convicted 14 appellants the High Court Division affirmed the conviction and sentence of the present seven appellants only. 3. The prosecution case is, that on 3.10 76 at about 7 AM informant PW 1 Mosharraf Hossain along with his b..

Category: Criminal Law | Date: | Hits: 51

Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)

....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......ut on trial in the First Court of Additional Sessions Judge, Mymensingh to answer charges un­der section 302/34 and 148 of the Penal Code. 4. Twelve (12) witnesses were examined in support of the prosecution case and two were ten­dered for cross-examination. Prosecution sought to prove its case..

Category: Criminal Law | Date: | Hits: 53