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Displaying 1821-1840 of 1965 results.
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......mals of land but the appellant fraudulently got inserted in his sale-deed an area of 28 3/4 decimals. 3. The Sessions Judge on consideration of evidence of 11 witnesses examined by the prosecution, no witness having been examined by the defence, rejected the defence plea and found a..Category: Criminal Law | Date: | Hits: 61
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....e plaintiffs and also there is no khatian in the name of the plaintiffs in respect of the land in suit and that no material was placed on record from the side of the plaintiffs to show that on the partial payment of the salami plaintiffs' father was inducted into the land for the settlement wher......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......victim cannot be discarded or discredited only for absence of blood at the place of occurrence. There may be various reasons for not finding blood on the place of occurrence. Similarly failure of the prosecution to prove the motive as imputed by it will have no impact in the facts and circumstances ..Category: Criminal Law | Date: | Hits: 47
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......of gold from two bags and 30 computer processors from his briefcase were recovered. Those articles were seized and a seizure list was prepared and the respondent was sent to the police station for prosecution under sections 2(3), 16 and 32 of the Customs Act, 1969, under section 8(1) of the Fore..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ...... we are of the opinion this proceeding cannot be quashed at this stage, as we find the first information report and charge-sheet disclose a prima facie case against the accused petitioners and the prosecution is not legally barred, we find no substance in this Rule." 6. Since first in..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ...... Rahman and other.................Respondents Judgment November 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 417. Departure, contradiction and embellishment in the prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence..Category: Criminal Law | Date: | Hits: 67
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......evious day and night abused and tortured the victim and further said that condemned prisoner caused death of the victim by wrapping up 'urna' around the neck of the victim. The further case of the prosecution was that since marriage the condemned prisoner used to make demand for dowry from the v..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... for changing the Inquiry Officer but nothing was done, then he duly appeared before the inquiry officer during the inquiry wherein the petitioner No. 2 did not nominate any officer to conduct the prosecution and the Inquiry Officer himself played the role of prosecutor and he, without giving th..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... vitiated being held without obtaining sanction under section 197 of the Code of Criminal Procedure. 8. We have considered the submissions and perused the materials on record. It appears that the prosecution produced 12 witnesses in support of the charge against the accused. PW 1 Abdul Kader Mri..Category: Criminal Law | Date: | Hits: 78
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ith the standard LTIs of Tarini Kanta Mondal. But in cross-examination he said that his “opinion is not conclusive” because the questioned LTIs in the Sale-deed and the TI register were partially “superimposed” making it difficult for examination and comparison. He has, h......his specimen signatures and LTIs, along with those of his co-sharers, meaning the other purported executants, were obtained in the Court of Assistant Sessions Judge. It must be remembered that the prosecution had a duty to formally prove these documents at the time of trial, but this was not don..Category: Criminal Law | Date: | Hits: 68
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......ously holding that the evidence was not adequate. He also submitted that if further evidence was needed the Court could itself call for the same which were Court's records and that at any rate the prosecution should have been given an opportunity to bring them or to examine some witnesses from t..Category: Criminal Law | Date: | Hits: 61
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......on intention of them all. 4. All the accused pleaded not guilty to the charge. Their defence was that no incident as alleged by the Prosecution took place and in the manner as alleged by the prosecution. They took the plea that Mona did not intervene in any quarrel between Pradip and Baku..Category: Criminal Law | Date: | Hits: 93
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......under sections 302/149 of the Penal Code. Five others were acquitted. By the impugned judgment and order the High Court Division dismissed the appeal of the appellant and Mansur Ali. 3. The prosecution case, as stated in the FIR by the informant, PW 1 Makbul Hossain, is that in the night ..Category: Criminal Law | Date: | Hits: 65
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......o. 311 of 1991) refused to quash the proceedings but directed that the trial should be held by the Divisional Special Judge, Khulna, taking the ground that no Gazette Notification was produced by the prosecution showing that the Sessions Judge Jhalakati had been vested with the power of a Special Ju..Category: Anti-Corruption Laws | Date: | Hits: 100
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......re it in abundantly clear that this section enjoins upon the court to exercise judicial discretion in the matter of granting bail for ascertaining whether the materials placed before the Court by the prosecution are of such a tangible nature that if left unrebutted, they may lead to the inference of..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigation sent up these eleven petitioners for trial. Case of the prosecution is that the land belonged to, and was in possession of, his wife PW 2, that the informa..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ...... 8. PW 13 Abdul Kader Khan, CI took up the investigation of the case and examined all the witnesses and on his transfer PW 14 ATM Shamsul Alam, SI submitted the charge‑sheet. 9. The prosecution examined 15 witnesses at the trial in which all the 3 accused persons were charged unde..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ...... Point, however, is that when the appellate Court and the High Court Division upon a view of the rest of the evidence and circumstances which is not unreasonable or perverse refused to believe the prosecution case, it is settled law that this Court merely because a different view is possible of ..Category: Criminal Law | Date: | Hits: 51
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......d been committed in the godown in the course of which the goods in question had been taken away by the dacoits, for which an Ejahar was also lodged with the police, which ultimately resulted in the prosecution of some persons for dacoity in Criminal Case No. 303 of 1983. But the Respondent‑..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......ing any leave to Appellate Division against the same……….We have no manner of doubt that the petitioner had sworn a false affidavit in the earlier contempt case leading to the prosecution of Awlad Hossain alias Dilip and we find it to be utterly reprehensible that the con..Category: Criminal Law | Date: | Hits: 79
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