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Displaying 1861-1880 of 1965 results.
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......nt, submitted an application on.27.12-67, to the Administrator of Wakfs, praying for his removal from the Mutwalliship of the Wakf Estate created by Khan Saheb Emdad Ali, and also for his prosecution the Administrator directed the appellant to show cause, why he should not be remo..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......e is against the acquittal of the four respondents of the charge under section 302/34, Penal Code; in Sessions Trial No. IV of 1968 (January) of the Sessions Division, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feeli..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......c) of Bangladesh Collaborators (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under section 30.3/109 B.P.C. read with Article II(a) of the aforesaid order. 2. The prosecution case against them was that as Rajakars they collaborated with Pak Army and on 1st of Ka..Category: Criminal Law | Date: | Hits: 62
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......tion and sentence was dismissed by the High Court; He now seeks special leave to appeal from the aforesaid judgement and order of the High Court affirming those of the special Judge. 2. The prosecution case was that for the works programme of the year 1964-65 the Government sanctioned fo..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ...... in pursuance of an order of clemency passed by the Government; while the order of conviction and sentence passed against the appellant was upheld by the High Court Division. 4. The case of the prosecution briefly stated was that Abdul Jabbar Dewan along with his wife, children and nephews A..Category: Criminal Law | Date: | Hits: 63
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......viction and sentence of the appellant were based, according High Court Division, on insufficient evidence namely, and the solitary evidence of the complaint himself who was the most interested in the prosecution of the appellant. 5. Mr. Moinul Hossain, the learned counsel for the appellant conten..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....the question in the following manner: ''In my opinion, the words 'any person whose property has been sold' include every person who has an interest in the property in question whether qualified, partial or absolute". 14. We, therefore, find that in the Civil Procedure Code of 1908 which was ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......e point for consideration is whether the trial held against the appellants for an offence under Article 2(4)(a)(i) of President's Order No. 50 of 1972 stands vitiated in the absence of sanction of prosecution by the District Magistrate under section 29 of the Arms Act. 2. The appell..Category: Criminal Law | Date: | Hits: 63
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ...... (c) and (d) of that section recite the following object: "(c) Prosecution or defence of any legal proceeding to which the Trade Union or any member thereof is a party when such prosecution or defence is undertaken for the purpose of securing or protecting any right of the Tr..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......have been destroyed. It is settled by now that when a statute is repealed either wholly or in part, the repeal forthwith attracts section 6 of the General Clauses Act. This being the situation all prosecutions under the repealed Act which were pending on the date of its repeal would be save..Category: Criminal Law | Date: | Hits: 113
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ......ould place nothing before the court in support of the Rules of Business which are obviously circuitous. The opinion of the Law Officer namely, the Attorney-General being the basis for further prosecution of any appeal in case of failure of the Government to obtain success in any matter, we ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....paid for it. Requisition is temporary deprivation of possession whereas acquisition is permanent deprivation of both possession and title. Loss in the first case to the owner is temporary and partial, whereas in the latter it is total, but he suffers loss in either case to the extent of re......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......tion under the first count and the fine of Tk. 4,000/- to Tk. 300/-in default to suffer rigorous imprisonment for one month more each in respect of conviction under the second count. 4. The prosecution case was that during the period of liberation struggle from 25.3.1971 to 16.12.1971 the..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ...... PW 1 Sub-inspector (PW 12) attached to Sonargaon PS started Sonargaon PS case No. 2 dated 4-3-l987 under sections 302, 326 and 307 the Penal Code and upon completion of investigation he submitted prosecution report against the condemned prisoner under sections 326 and 307 of the Penal Code. ..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......udgment August 8 2001. The Penal Code, 1860 (XLV of 1860), Section 304 When there is no evidence from the prosecution side that the accused had the knowledge of the frail condition of the victim it cannot ..Category: Criminal Law | Date: | Hits: 59
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ind any merit in the grounds taken by the petitioner that there was discrepancy of the time of death or that there was reasonable doubt as to the cause of death, of Asia Khatun in the absence of impartial witnesses. Further, the filing of the first information report by Asia Khatun’s fathe......5000.00 under section 302 of the Penal Code of accused petitioner passed by Additional Sessions Judge, 4th Court, Comilla, in Sessions Case No. 77 of 1991 dated 30-1-93. 2. The prosecution case, as can be gathered of the evidence of the PWs, was that on 16-4-90 at the time o..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......re started viz, under the Penal Code, under the Narcotics Control Act, 1990 and under the Special Powers Act, 1974. On completion of investigation the investigating agency submitted three separate prosecution reports in the said three cases. 4. In the aforesaid background of..Category: Criminal Law | Date: | Hits: 65
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ...... Respondent Judgment May 7, 2000. The Penal Code, 1860 (XLV of 1860), Section 100 The prosecution having failed to explain satisfactorily the incised injuries on the back of the accused..Category: Criminal Law | Date: | Hits: 55
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......al Appeal No. 31 of 1999 arises from making certain observations by the Judges of the High Court Division against Mokbuluddin Ahmed and Professor Sayeed (Saidur Rahman). 2. The prosecution case, in short, is that Shiriu Kona Biswas lodged a first information report on 18-9-1..Category: Criminal Law | Date: | Hits: 72
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......r case. 7. At this stage we are only considering the question of bail and, as such, we should confine ourselves only with the available materials that has been produced by the prosecution to show the implication of the accused with the alleged murder, where we find reasonabl..Category: Criminal Law | Date: | Hits: 68
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