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Displaying 1741-1760 of 1965 results.
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......two appellants only under section 436 of the Penal Code and acquitted the seven others. On appeal the High Court Division upheld the order of conviction but reduced the sentence. 2. The prosecution case, at told by the complainant, P.W.1 Shah Alam, is that at about 7/8 P.M. on 14th De..Category: Criminal Law | Date: | Hits: 57
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....constitute a plaintiff's title by adverse possession, the possession required to be proved must be adequate in continuity, in publicity, and in extent, and is displaced by evidence of partial possession by the defendant.” Mr. Pal contends that the defendant's case f......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted 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: 38 DLR (AD) (1986) 311. ...... The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone………….(49) Law does not require a partiÂcular number of witnesses ..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......he State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of the prosecution. Without complying with this provision the learned Sessions Judge passed the order of ac..Category: Criminal Law | Date: | Hits: 38
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......minal Procedure, 1898 (V of 1898), Section 494 Under this provision of section 494 of the Code the Public Prosecutor alone is authorised to file an application for withdrawn of a case from the prosecution. In this case the Magistrate having passed the order of withdrawal without any applicati..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....pplication under section 115 of the Civil Procedure Code. The learned Single Judge of the High Court Division having heard both the parties came to certain findings which are summarized below: The partial reflection as directed by the Tribunal is not sustainable in law as elecÂtion of the return......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......on that the conviction of the appellants under section 302 by application of section 149 Penal Code was wrong inasmuch as the evidence in the case did not establish that the murder was commiÂtted in prosecution of the common object of the unlawful assembly. We shall examine the first ground at leng..Category: Criminal Law | Date: | Hits: 45
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....the well recognised exceptions to the general rule is a case where an order is attacked on the ground that it was wholly without authority. Where a statutory functionary acts mala fide or in a partial, unjust and oppressive manner, the High Court in the exercise of its writ jurisdiction ha...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted 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: 38 DLR (AD) (1986) 75. ......e ..................................................Respondent Judgment January 22, 1986. Result: The appeal is allowed. Criminal Trial Words and Phrases ‘Witnesses tendered by prosecution’ explained A witness may be tendered by the prosecution if his evidence is not of m..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......Special Judge and for the purposes of the said provisions, the Court of a Special Judge shall be deemed to be a Court of Session trying cases without aid of assessors or jury, and a person conducting prosecution before the Court, of a Special Judge shall be deemed to be a Public Prosecutor." (Italic..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......omplaint would seem to lie, according to him; the only way to proceed against any perÂson for the commission of an offence under section 4 of the Act is for the District MagisÂtrate to initiate the prosecution. This argument apart. Mr. Alam submitted that since the original owner of the press bad ..Category: Criminal Law | Date: | Hits: 59
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ...... The trial court also found that the accused persons removed the structures of the house in question was not proved nor it was proÂved that the accused persons took away any cash. This aspect of the prosecution case were found to be embellishments. HowÂever, the trial court noticed that there was ..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ...... to 1 year under section 342 B P.C. and to pay a fine of Tk. 500/- in default to suffer rigorous imprisonment for three months more with direction that the sentences would run concurrently. 3. The prosecution case was that the petitioner along with co-accused Golam MusÂtafa Kamal Chowdhury abduc..Category: Criminal Law | Date: | Hits: 62
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ...... connived with accused SaÂifuddin and surrounded the deceased at the time of occurrence. This was not told by him in the F.I.R. at all." The learned Judges noticed certain embellÂishment in the prosecution case and commenÂted that these are false and embellishment and "the contradictions and ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......e. That being so the contention raised by Mr. Abdul Hamid is not at all tenable. 4. It was next contended by Mr. Abdul Hamid that the trial of the petitioner; in the absence of sanction for prosecution, was bad in law. This contention was raised before the learned Judges of the High Court..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......he ambit of the observation made by the Supreme Court of Pakistan in the case of Mazharul Huq Vs. Ishaque Sardar and others at page 256 to the effect that "a case is conceivable where the prosecution evidence fails altogether, and quite plainly, to make out a prima facie case, and there..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......and Criminal Appeal No. 3 of 1973 was filed by the accused persons who were convicted upon trial. The two appeals are taken up together for dismissal. 2. True prosecution case in short is as follows: On 1st Baishakh, 1375 B.S., corresponding to 14th Apr..Category: Criminal Law | Date: | Hits: 39
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ...... by special leave is by Abdur Rashid against his conviction and sentence of death confirmed by a Division Bench of the erstwhile High Court in Death Reference Case No.6 of 1970. 2. The prosecution, case in brief is that Yasin Sheikh through his first wife has two sets, namely, Abdur ..Category: Criminal Law | Date: | Hits: 66
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......y;nection between the caption and news served thereunder no exception can possibly be taken. 24. In support of the contention that the respondent was entitled to protection from any criminal prosecution for the news published in his newspaper, Mr. B. K., Das, Counsel for the responden..Category: Criminal Law | Date: | Hits: 77
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