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A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......99, to which the appellant pleaded not guilty and claimed to be tried. Subsequently the case was transferred to the Special Judge, Sylhet and was renumbered as Special Case No. 123 of 2001. 5. The prosecution in order to prove its case examined as many as thirteen witnesses. After the prosecution..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......nder section 4 and 9 of the Cruelty to Women (Deterrent Punishment) Ordinance read with schedule 4 (b) of the Special Powers Act to which they pleaded not guilty and claimed to be tried. 4. The prosecution examined eleven witnesses in support of its case. After closing the prosecution, the lea..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......on. In such a case, the lower appellate Court committed error of law in raising and deciding the issue of limitation. 12. On perusal of the oral evidence, it appears that P.W.1 fully supported the prosecution case and disclosed nothing adverse in spite of exhaustive cross-examination. He clearly ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......d claimed to be tried. 5. The defence case as it appears from the trend of cross examination of the P.Ws. that the case was false and he was implicated falsely in this case. 6. During trial the prosecution examined as many as 5 witnesses and defence examined none. 7. After considering the e..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ....... Atiq Ullah Khan Masud and to which he pleaded not guilty and claimed to be tried. But the charge could not read over to the appellant ATM Qumruzzaman Khan as he was absconding. 5. In this case prosecution examined as many as 10 witnesses and defence examined none. On closing of the evid..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......hu Nirjatan Daman Ain, 2000 and sentencing to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000, in default, to suffer rigorous imprisonment for 6 (six) months more. 2. The prosecution case, in short, is that convict Nazmul Islam Nazu used to propose the victim Nahima Ak..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Chunnu Vs. State, 2011, 40 CLC (HCD)
....r, lower ent of stomach intes-tines and mesentry, extravestation of blood and blood clots huge in amount causing haemoperitorium and corresponding to the wounds mentioned above 8th and 9th ribs found partially cut." 21. According to him the death was due to shock and severe haemorrage foll......ons 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay penalty of Tk. 10,000, in default to suffer one year rigorous imprisonment more. 3. The prosecution case, as appears from the depositions of P.W. 1 (informant), is that on 17-4-2003 at abo..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......izance framed charge under section 19A of the Arms Act against the petitioner, which was read over to the accused persons wherein he pleaded not guilty and claimed to be tried. 6. During trial the prosecution examined 8 witnesses and defence examined none. Thereafter the petitioner was examine..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
....n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......irl aged about 15 years of the informant from her school premises, thereby they committed the offence under sections 7, 30 of the Ain, with these allegations the informant Major Mustafa, launched the prosecution on the same day at 22-30 hours. 3. The police after investigation submitted charg..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......he appellants with other co-accused under section 302/34 of the Penal Code, which was read over to the accused persons, wherein they pleaded not guilty and claimed to be tried. 5. During trial the prosecution examined 11 witnesses and defence examined none. 6. The defence case as it appears fr..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......he FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 8. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not conclude the trial, we are of the view that justice would be met if a time is ..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ...... issued by the petitioner Nos.1 and 2 on behalf of the company was dishonoured the petitioners did not commit any offence within the meaning of sections 138/140 of the Act making them liable for prosecution for such offence and, as such, the impugned proceeding is nothing but an abuse of t..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... the Ain, 2000. 3. The police after investigation submitted charge sheet accusing the appellant under the said section. The case is now pending before the Tribunal for trial and meanwhile eleven prosecution witnesses were examined. On 13-10-2010, the appellant sought for issuing upon the charge..Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ......ally, a question of fact which is for the court to arrive at a decision. Non-examination of important witnesses creates presumption under section 114(g) of the Evidence Act and raises doubt about the prosecution case and benefit of doubt would always go in favour of the accused. petitioner. Non-exam..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......te Criminal Appeal being Criminal Appeal No.4095 of 2005. The Death Reference, Jail Appeals as well as the Criminal Appeal have all been heard together and are disposed of by this Judgment. 2. The prosecution case, in short, is as follows:- One Md. Rajbul Hossain, on 1.11.2002 at 12-15 hours, ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
State Vs. Alam, 2011, 40 CLC (HCD)
.... accordingly. 18. It is at this juncture that there is a perceptible shift in the drift of the judgment. This Court finds that the acquittal of the two other accused is evidently predicated on a partial rejection of eyewitness accounts that placed at least Amanat directly at the scene of the cr......nd their mother Amena Khatun. The Tribunal upon taking cognizance of the case framed charges against the three accused under sections 11 (ka)/30 of the Act. Eleven PWs were examined in support of the prosecution case whereas the defense did not examine any witness. The Tribunal convicted the condemn..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......ite-party No.2, submits that undeniably the petitioner is not FIR-named; but after investigation, she has been charge-sheeted and her involvement in the case is a matter of evidence and trial and the prosecution case should not be stifled at the initial stage and it should be given an opportunity of..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......hu Nirjatan Daman Ain, 2003 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for 6(six) months more. 2. The prosecution case, in short, is that one Mosammat Farida Khatun wife of Md. Tota Miah of village Pabl..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154