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Displaying 1881-1900 of 1965 results.

DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)

....out request helped this Division in the proper disposal of this matter.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 30. ......o. 1 who dismissed the appeal by his order dated 29-1-1994. Thereafter the respondent filed aforesaid AT Case alleging that he was not given any opportunity to cross-examine the witnesses from the prosecution and also was not allowed to examine his own witnesses and that there was no second show..

Category: Administrative Law | Date: | Hits: 137

Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)

....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......igorous imprisonment for seven years and to pay a fine of Taka 100.00 in default to suffer rigorous imprisonment for one month more and both the sentences are directed to run concurrently. 2. The prosecution case, in short, is that deceased Abdul Rashid used to run grocery shops in different 'ha..

Category: Criminal Law | Date: | Hits: 49

Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)

....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......er section 374 of the Code of Criminal Procedure, Death Reference No.2 of 1990 (Chittagong)/31 of 1991 (Dhaka) and confirmed the sentence of‑death passed against the appellant. 2. The prosecution case, briefly, is that the appellant was a gardener at Ramu Rajarkul Isolatee Coconut ..

Category: Criminal Law | Date: | Hits: 73

Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)

....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......ed 8.5.86 does not disclose the ingredients of any dishonesty, corrup­tion or misconduct and that there was no enquiry and the respondent was not given any opportunity of cross‑examining prosecution witnesses or adduce evidence in support of his defence and that he was not given a copy..

Category: Employment/Service Law | Date: | Hits: 134

Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)

....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......of the Penal Code including section 302. 2. Appellants before us are the accused‑persons in that sessions case. Hearing of the case was last adjourned to 6 July 1994 for examination of prosecution witnesses, but the informant of the case filed an application on 31 May 1994 before th..

Category: Criminal Law | Date: | Hits: 67

State Vs. MA Malik, 1995, 24 CLC (AD)

....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......anting anticipatory bail upon a finding that there are reasonable grounds for believing that the accused is not guilty of the offence which is based on no evidence causing serious prejudice to the prosecution. 9. Secondly, he submits that the respondent being accused of an offence punisha..

Category: Criminal Law | Date: | Hits: 64

Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)

....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......at the Minister is personally interested in the case against the appellant; but this by itself is not sufficient to conclude that the specific allegation against the appellant is false. It is for the prosecution to establish the specific allegation against the appellant by adducing evidence in trial..

Category: Criminal Law | Date: | Hits: 76

Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)

....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......that the High Court Division will see that on the facts disclosed in the petition of complaint or in the evidence taken in inquiry by the 2nd Class Magistrate no offence was disclosed on the basis of prosecution materials. The respondent may have in his possession a number of documents to disprove t..

Category: Criminal Law | Date: | Hits: 85

Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)

....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......supported by a long line of decisions. To begin with one of our own decision Mohammad All vs. State, 35 DLR (AD) (19 324, the question was whether accused being, public servant prior sanction for his prosecution was mandatory under section 6(5) of the Act and that when the process was issued against..

Category: Anti-Corruption Laws | Date: | Hits: 92

Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)

....ion of a Marine Policy. The subject matters insured are in respect of the vessel MV “Bengal Pride” and it does not stand to reason that in case of total loss, constructive total loss or partial loss, the indemnity will be measured only in respect of the different components of the in...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..

Category: Business or Commercial Law | Date: | Hits: 151

State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)

....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......by abetted respondent Iqbal Hossain in the commission of offences under sections 406 and 420 of the Penal Code and further committed offences under section 5(2) of Act II of 1947. 5. Briefly, the prosecution case is, that in 1987 the Dhaka University wanted to purchase 4 (four) 75 HP Submersible..

Category: Anti-Corruption Laws | Date: | Hits: 92

Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)

....out sale deed with a condition of re-purchase. The suit was also held by the two Courts below to be barred by limitation. The Courts below took the view that the plaintiff-appellant could not sue for partial redemption of the suit land. 5. The High Court Division in its revisional judgment rever......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..

Category: Property Law | Date: | Hits: 63

Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)

....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......eafter the plaintiff got possession of the suit land. The kabalas were executed without any lawful consideration during the pendency of a non-compoundable criminal case and for stifling a criminal prosecution and hence the kabalas are void and hence the suit. 3. The case of defendant..

Category: Property Law | Date: | Hits: 72

Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)

....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......bsp; was maintainable. The complainant-respondent may take steps at first for departmental action against the appellant and thereafter may file the criminal case subject to Government sanction for prosecution against the appellant. In its present form the complainant-respondent is not entitled t..

Category: Criminal Law | Date: | Hits: 60

Moudud Ahmed Vs. State, 1996, 25 CLC (AD)

....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ation under section 561A Cr.P.C. While disposing of an application under section 561A Cr.P.C. the Court does not exercise the function of a desiccating mathematical calculating machine to examine the prosecution materials at a length greats than that exercised even by a trial Court. It only sees if ..

Category: Anti-Corruption Laws | Date: | Hits: 105

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....tion for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case, was barred under the principles of Mohammedan Law which prohibits granting of partial pre-emption. 2. Material facts necessary for disposal of the point raised, bri......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..

Category: Property Law | Date: | Hits: 84

Abdul Wadud Vs. State, 1995, 24 CLC (AD)

....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ed person released”. That was the right which the appellant was seeking to pursue, but that right was not an absolute one. Under section 339D the proceedings could be revived upon a prayer from the prosecution within a stated period. The whole purpose of unamended section 339C was to whip up the p..

Category: Criminal Law | Date: | Hits: 75

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......ead the accusation and explained the same to the accused under section 242 of the Code of Criminal Procedure, but both the accused persons pleaded not guilty and claimed to be tried. 4. The prosecution examined 12 witnesses and the defence examined none. 5. The case in the defence ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)

.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......section 302 of the Pakistan Penal Code and sentencing him to death. Death Reference No. 10 of-1970 made by the Sessions Judge, Jessore is also disposed of by his judgment. 2. The case of the prosecution, briefly stated, is as follows: Parashullah Fakir lives in village Singia, PS Narail, ..

Category: Criminal Law | Date: | Hits: 62

Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)

....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......eration of a document is prohibited by section 23 of the Contract Act it is to be seen whether the facts are that the contract in pursuance of the said document came into existence, when a criminal prosecution was hanging on the head of the executant or the contract was entered into for the purpo..

Category: Property Law | Date: | Hits: 59