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Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......eld by a Magistrate, First Class, Jamalpur who committed the appellants to the Court of Session to stand trial under sections 302/34 of the Penal Code. Nine witnesses were examined on behalf of the prosecution and no witness was examined by the defence. Defence case was that Tegu who was a thief ..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ulu, P.W. 4 Abdul Wahab and P.W. 5 BM Imdadul Huq (Tulu), of whom P.W.s. 2, 3 and 5 are full brothers and are nephews of deceased Ekhlasuddin, are the eye‑witnesses to the occurrence and the prosecution case which transpired from their common evidence is, that deceased Ekhlasuddin Ahmed an..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......enal Code. The trial Court convicted the appellants under section 304 Part 1/109 of that Code. The High Court Division in upholding the trial Court's order of conviction and sentence held that the prosecution case was proved by three eye‑witnesses P.W. 2 Jamila Khatoon, P.W. 3 Munjura Begu..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......t Division (Barisal Bench) in appeal, Criminal Appeal No. 72 of 1978, acquitting the respondent, Abdul Muttaleb Khan @ Abdul Mataleb Khan of the charge under section 409 Penal Code. 2. The prosecution case was that the respondent in his capacity as Head Tahsilder of Moukaran Tahsil Offic..Category: Criminal Law | Date: | Hits: 41
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......d the respondents are directed to allow the petitioner to continue as dealer under die license granted earlier." 5. The said Writ Petition No. 1982 of 1991 was discharged for non prosecution on 19.33.99 6. In dismissing the appellant's instant writ petition summarily t..Category: Election Law | Date: | Hits: 106
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......r moved court and obtained leave to appeal from the same. 4. In order to appreciate the point involved in the appeal it is necessary to briefly notice the facts of the case which led to the prosecution of the appellant and his colleagues and the confiscation of the goods in question. On ..Category: Criminal Law | Date: | Hits: 62
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ing the informant under section 211 of the Penal Code. Heard. Let the informant be preceded under section 211 of the Penal Code, as prayed for." Thereafter the Police submitted a prosecution report in NGR Case No. 548 of 1976 against the appellant alleging an offence under sect..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......ve. 11. The appellant relied on Anwara Begum Vs. Government of Bangladesh 30 DLR 131 for a proposition of law that where "there are two modes of proceedings, namely, by way of criminal prosecution or preventive detention it is for the executive to decide which course to follow, but ..Category: Criminal Law | Date: | Hits: 88
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......s and to pay a fine of Taka 500.00, in default to suffer rigorous imprisonment for 3(three) months more each, under section 376 of the Penal Code read with Special Powers Act, 1974. 2. The prosecution case, to narrate in brief, is that on 1.12.1988 at about 8‑00 PM the informant vi..Category: Criminal Law | Date: | Hits: 66
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......angla for the Rajdhani Unnayan Kartripakhya) Major Kamrul Hasan, a former Member of the Land and Estate Department of the RAJUK, Abdus Sattar, a former Minister and one Abdus Sukur Pradhan. 3. The prosecution case, in brief, is that Plot Nos, 49 and 49A, situated at Kawran Bazar Commercial Area, ..Category: Anti-Corruption Laws | Date: | Hits: 302
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......annot be granted to stay proceedings in any criminal matter.". 20. In undivided India it was therefore held, following the English precedents, that a Civil Court cannot stay a criminal prosecution by preventing the proceedings from continuing by an injunction to the complainant (In R..Category: Property Law | Date: | Hits: 81
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......ramed under the aforesaid sections of the Special Powers Act and the Customs Act alleging offence of smuggling of gold as aforesaid to which the respondent pleaded not guilty. 9. In support of the prosecution case 6(six) witnesses were examined of whom P.Ws 1 and 2 were from the Customs Departmen..Category: Criminal Law | Date: | Hits: 132
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
.... though it has been used in some other places. The term has not been defined in the Code, but it has been defined in CORPUS JURIS SECU-NDUM as follows: “61. After a preliminary or partial hearing before a Court or Magistrate, to send a prisoner back to the custody, to be......o be unacceptable Their Lordships of the Privy Council observed that the reasons given by the High Court may be good ground for rejection of accusation of the informant and of the dismissal of any prosecution lodged upon his information, if such a prosecution ultimately takes place but that stag..Category: Criminal Law | Date: | Hits: 125
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......d found his brother lying dead. He got the detailed account of the incident from one Nehajul Islam alias Mona (PW 2) and lodged an Ejahar with the Bogra Police Station within an hour, whereupon the prosecution case started. The Investigation Officer, after examining witnesses and considering the..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......peal and upholding the conviction and sentence of the Appellants under sections 302/149 of the Penal Code passed by the Sessions Judge, Kishoreganj, in Sessions Case No. 105 of 1986. 2. The prosecution case is, that on 24.5.86 at about 10‑00/10‑30 AM 3 heads of cattle belongin..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......t between East Pakistan and India, and returned home with an Indian passport and visa from the Pakistan High Commission it was held that the respondent did not lose his citizenship of Pakistan as the prosecution failed to prove that he left Pakistan for India with the intention to settle there perma..Category: Immigration and Citizenship Law | Date: | Hits: 522
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......, in Sessions Case No. 300 of 1992. All the PWs were examined and cross‑examined, two DWs were also examined and cross‑examined, die accused-petitioner was examined under section 343 CrPC and the prosecution had argued the case for two consecutive dates. But, before the conclusion of the prosecu..Category: Criminal Law | Date: | Hits: 53
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......strict Barisal in CR Case No. 9 of 1990 convicting the accused-appellant under section 4 of the Dowry Prohibition Act, 1980 and sentencing him to suffer rigorous imprisonment for two years. 2. The prosecution story in brief is, that on 11.4.90 Mosammat Feroja Begum, the complainant, filed a petit..Category: Criminal Law | Date: | Hits: 69
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......s allowed to be raised when accuracy of factual basis of statement was not disputed. In RJ Singh Vs. State of Delhi AIR 1971 (SC) 1552 (1553) a jurisdictional point as to whether the sanction for the prosecution was granted by the Government was allowed to be raised for the first time in the Supreme..Category: Employment/Service Law | Date: | Hits: 101
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....he Agreement, submitted a Bill (Bill No. 1) demanding compensation for their business‑loss caused due to the suspension of the work for 47 days; they held the appellants responsible for this partial breach of the contract since, in terms of the contract, the appellants were bound to give u......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98