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Displaying 1721-1740 of 1965 results.
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291...... trial court and the High Court Division. The circumstance in which the victims sustained fatal injury on his head has remained a mystery. Victim received fatal injury in mysterious circumstance. The prosecution has failed to prove the charge against the accused beyond reasonable doubt. The appeal i..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....y wrong in such an observation. 4. Dr. Hossain has, however, contended that the Election Commission is under a legal obligation to dispose of any matter like this according to 'law in fair and impartial manner after hearing both the parties and not arbitrarily. In this case, the learned Couns...... the same remedy, but he has submitted that the civil suit was subsequently withdrawn. Mr. Moinul Huq disputes the claim that the suit was withdrawn. He contends that the suit was dismissed for non-prosecution. Be that as it may, from the Writ-petition and papers submitted by the respondent it app..Category: Election Law | Date: | Hits: 126
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......ged under sections 147 and 379 of the Penal Code, denied the complainant's possession and asserted that they were in possession of the land. On consideration of the evidence of six witnesses of the prosecution and one witness for the defence the learned Magistrate acquitted the accused with a fi..Category: Criminal Law | Date: | Hits: 50
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......died an unnatural death and Bourbi Bewa, Nazrul's mother lodged F.I.R. implicating the deceased Safiluddin, his sons including Wazed Ali and Anisur Rahman (P.W.1 and 4) and other relations. It is the prosecution case that Safil Uddin was murdered by Nazrul Islam and his relations due to dispute over..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......are to prevent a private party from running to the Court with a complaint against their opponents in a proceeding for harassing them or for gratifying their revenge by launching frivolous or baseless prosecution. Again, if the offences described in clauses (b) or (c) are committed in or in relatio..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......mplicate himself in the commission of the alleged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confession of no avail to the prosecution for the purpose of sustaining the order of conviction. In a case as in the present where..Category: Criminal Law | Date: | Hits: 61
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......, 1" X ½ muscle deep. The last mentioned injury obviously could not have been the cause of death without the first one. Again, as to who had caused the injury on the cheek, the evidence led by the prosecution is discrepant. According to the evidence of P.W.1, Bandez Ali had struck Wayezuddin on..Category: Criminal Law | Date: | Hits: 67
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... for trial. 3. There were common charges under section 148, 302/34 Penal Code against all the accused. Some were further charged under section 323. Twelve witnesses were examined in support of the prosecution case. 4. On behalf of the defence it was suggested to the P.Ws. that Nanda Lal met h..Category: Criminal Law | Date: | Hits: 80
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......tradicting the maker only. omission in the FIR of the fact leading to recovery of the dead body, could not be a reason for discarding the evidence of the witnesses on that point nor the same made the prosecution case doubtful, on the fact that the accused himself in his confession gave detail of the..Category: Criminal Law | Date: | Hits: 61
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......ce of P.Ws.9 and 12, was improperly rejected by the High Court Division when their evidence show that the murder in question was committed by the accused-respondents in their very presence. 2. The prosecution case arose from an incident in which the Informant's (P.W.1) younger brother Wazed Mirdh..Category: Criminal Law | Date: | Hits: 45
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......ourteen clays on 18.8.79. Police on being informed by P.W.1, held investigation and submitted charge sheet under the aforesaid section. 3. At the trial 11 witnesses were examined in support of the prosecution case. In cross-examination of the P.Ws. the defence suggested that the informant party w..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......ding, for there are varied circumstances in which lodging of any information as to the commission of an offence may be delayed. Delay raises doubt about the truth of the allegation; but it is for the prosecution to prove their case beyond reasonable doubt by adducing all the evidences at their dispo..Category: Criminal Law | Date: | Hits: 46
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......860 (XLV of 1860), Sections 302/109 and 148 Considering all this unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecution case. It seems that the beginning of the prosecution story was like a high drama which, ..Category: Criminal Law | Date: | Hits: 55
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ndents were responsible for the injuries found in the dead body of Shantu is not disputed by Dr. Rafiqur Rahman, learned Advocate for the respondents. There is overwhelming evidence in support of the prosecution charge that the respondents had struck the deceased Shantu with daggers. This finding is..Category: Criminal Law | Date: | Hits: 62
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....AIR 1965, Cal. 98, on which reliance has been placed by the learned counsel for appellants. In the instant case, in view of the covert transaction between the parties including the bank manager and partial admission of the claim as well as tie admitted signatures of the company's managi......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......,1986,confirming the appellants' conviction and sentence of death under section 303/34 of the Penal Code, passed by the Additional Sessions Judge, 3rd Court, Khulna, on 23 May, 1983. 2. The prosecution case relates to the murder of Sk. Elias, an inhabitant of village Satshika under Fakirh..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....Vesting, when completed, cannot be considered to be otherwise qualified or limited. Without any limitation or qualification of the expression vest' is the Act itself, it cannot be pronounced to be partial, and not absolute. The ordinary dictionary meaning of the term ‘vest’ is furnis...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......ossible only if the Supreme Court be satisfied independently that evidence in the case wag in quality and quantity adequate to support the conviction of the offence charged.'' 3. The prosecution case is that on 12-7-72 the house of Khijir, one of the three persons allegedly buried ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....osecution case with the medical evidence. P.W. 8 Dr. Shamsuddin Ahmed who held postmortem examination on the body of the deceased found in the congested stomach of the deceased about four ounces of partially digested food. He states that the digestion of rice and curry is normally to complete wi......th of accused No. 1 and allowed the appeal after setting aside the conviction and sentence of both the appellants and acquitted them of the charges under section 302, 201 and 202 B.P.C. 2. The prosecution case was that on 30th April, 1976 deceased Ashraf Ali married Hafsa Khatun, P.W. 3. She ..Category: Criminal Law | Date: | Hits: 124
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