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Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......taneous death, It was also gathered that these condemned prisoners along with others were waiting in a nearby shop and from there they came out and committed the murder. It is also the case of the prosecution that the deceased was accompanied by Helaluddin Member (PW 13) in the same rickshaw and..Category: Criminal Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... injuries on him. Injured persons were taken to hospital and there Habibur Rahman died on 15th June, 1989 and Motiur Rahman died on 18th May, 1989. 4. It was the case of the prosecution that accused persons were recognised by the wife (PW 11) of Habibur Rahman and by the ..Category: Criminal Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......same, as submitted by the learned the petitioner, has already been done. 7. The Chittagong Port Authority later on filed an application with the prayer for dismissal of the leave petition for non prosecution and this Division by the order dated 4th December, 2001 dismissed the leave petition of ..Category: Others | Date: | Hits: 130
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......th while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met with her death. Here in the present case excepting three witnesses the prosecution failed to produce any other witness and admittedly the appellant and the informant live..Category: Criminal Law | Date: | Hits: 52
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ent August 16, 2001. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898) Section 342 Incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 Cr.P.C. otherwise it wou..Category: Criminal Law | Date: | Hits: 59
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... Penal Code recorded by the Assistant Sessions Judge, Cox’s Bazar, which was upheld in appeal by a Division Bench of the High Court Division. 2. The facts leading to the prosecution of the appellant are, in brief, in PW 13, Sub-Inspector Md Shamsul Haque of Moheshkhali..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ...... আমার আঘাতের কারনে অত্যন্ত রক্তপাত শুরু হয়। আমাকে হাসপাতালে আনা হয়।” 4. It was the prosecution case that Bakul Bibi was subsequently taken to Comilla Modernised General Hospital and w..Category: Criminal Law | Date: | Hits: 55
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......leged to have issued cheques which amount was allegedly misappropriated by the appellants, could not be legally termed as misappropriation or breach of trust of the fund of the company for a criminal prosecution under section 406/420 of the Penal Code and that the remedy, if there be any is one of a..Category: Criminal Law | Date: | Hits: 50
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......n tender does not arise because the plaintiff was contesting Title Suit No.698 of 1985 challenging the authority of abandoned property; that the matter is sub-judice; that there is no legal bar in prosecution of the present suit and hence the petition filed on 24.4.1994 under Order 7 Rule 11 of ..Category: Property Law | Date: | Hits: 54
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ...... was passed on it by the Sub-Divisional Magistrate. The case was subsequently transferred to Mr. K. Hossain, Magistrate, 1st Class for disposal. The trying Magistrate examined 3 witnesses for the prosecution. At this stage the complainant filed a petition to summon the discharged accused, the pr..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......, the Screening Board took up the matter on receipt of an anonymous letter and held an enquiry under President's Order No. 67 of 1972. It appears that the Screening Board examined 3 witnesses for the prosecution and the appellant himself examined 5 witnesses. But that as it may, the Screening Board ..Category: Employment/Service Law | Date: | Hits: 70
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......h East Pakistan Gold (Procurement and Distribution) Order, 1958. His defence was that the gold was not recovered from his possession. The learned Magistrate on consideration of evidence held that the prosecution failed to prove that the gold was recovered from his possession and on that finding acqu..Category: Criminal Law | Date: | Hits: 42
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... commonly known as wakf-al-al-aulad the income applied thereto." 12. If I now look at the clause (b) as a whole, I find that two categories of trust have been described, that of absolute trust and partial trust. In denoting partial trusts, a category of it has specifically been named, that of W......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......under section 561A. can exercise its limited jurisdiction in the proceedings pending before the Special Tribunals. So far quashing is concerned, it could not be said that the prolongation of the prosecution would be an abuse of the process of the Court. In this view of the matter there is no su..Category: Criminal Law | Date: | Hits: 51
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......cordingly, discharged the Rule on the erroneous view that "The submission of final report so far as the accused petitioner is concerned has not created right inhering in him so as to disentitle the prosecution to prosecute with evidence which was not available earlier". He further submitted that t..Category: Criminal Law | Date: | Hits: 48
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......lhet under the Special Powers Act. The following order was, however, passed by him: "Heard the learned lawyers for the accused persons also heard the Ld. Lawyer and the Court Inspector for the prosecution. The case was originally started under Special, Powers Act, but it is submitted that..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......nd also the well settled principle that when a statute is repealed either wholly or in part, the repeal attracts the provisions of section 6 of the General Clauses Act, the Court concluded that any prosecution which started under the repealed statue but was pending on the date of its repeal would ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ...... to answer the interrogatories, etc, and the other part prescribes the penalty for default, and it is that, if the defaulting party is the plaintiff the penalty is the dismissal of the suit for non-prosecution, and a defendant, his defence is to be struck off, and he would be placed in the positi..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......earned Deputy Attorney General has no other alternative but to accept this fact on record. 4. We have perused the deposition of the. Or prosecution witnesses, the ejahar and the Judgment of all the courts below and find that the convic..Category: Criminal Law | Date: | Hits: 44
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......977 on 27.12.1977. 2. The four respondents filed Writ Petition No. 163 of 1978 as petitioners challenging the legality of the order of conviction and sentence passed on them. 3. The prosecution case, in short, was that one Mofizuddin Mondal (complainant P.W. 1) lodged First Inform..Category: Criminal Law | Date: | Hits: 48