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Displaying 1921-1940 of 1965 results.
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....ing that the second vendor’s agreement was a modified version of the earlier vendor’s agreement containing assets, raw materials etc. and the allotment of 22,000 shares was made towards partial adjustment of the consideration of the second vendor’s agreement. The defalcation of...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......before the High Court Division, Criminal Appeal No. 877 of 1994 under section 30 of the Special Powers Act, 1974. A Division Bench of the High Court Division, by the impugned judgment held that the prosecution failed to prove its case beyond reasonable doubt that Gouri Rani Das was raped by the a..Category: Criminal Law | Date: | Hits: 76
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....ordinate Judge found that defendant No. 1 had subsisting interest when the alleged certificate proceeding started. The lower appellate Court disbelieved the story of surrender as the surrender was partial without the consent of the co sharer brother, defendant No. 2. The learned Subordinate Judg...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......ved severe burn injuries. She was given necessary treatment at the Barisal Medical College Hospital but she ultimately succumbed to her injuries. 7. It appears that besides oral evidence prosecution proved a dying declaration, Ext. 2, which was recorded by a Magistrate PW 4 in the pres..Category: Criminal Law | Date: | Hits: 83
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......under section 145 Cr.P.C. by the Chief Metropolitan Magistrate, Dhaka on different dates in respect of the same plot of land at Mouza Kafrul within Dhaka city. 2. Relevant facts are: Upon a prosecution report dated 25-2-97 submitted by a Sub-inspector of Police. Mizanur Rahman pursuant to..Category: Criminal Law | Date: | Hits: 68
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......ore the Administrative Tribunal, Dhaka, on 31 December 1995, which was beyond time. He, however, sought to have the benefit of section 14 of the Limitation Act on the ground that the time spent for prosecution of the writ petition and the civil petition for leave to appeal should be excluded in ..Category: Administrative Law | Date: | Hits: 121
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......he above facts of Saiful Islam, Billal and Dulal calling and taking away the victim. Thereafter he lodged first information report with Mirpur police station on the same night. Further case of the prosecution is that victim Alamgir Kabir had love affair with PW 2 Mokseda Akhter, daughter of thei..Category: Criminal Law | Date: | Hits: 58
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......ndents Judgment April 4, 2000. The Constitution of Bangladesh, 1972, Article 102 The writ-petitioner who filed the writ petition can very well make a prayer for non- prosecution and it is upon the writ- petitioner to proceed with the case or not. Order for discharg..Category: Others | Date: | Hits: 88
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ...... under section 396 of the Penal Code by the Additional Sessions Judge Faridpur in Sessions Case No. 35 of 1991 and sentencing each of the petitioners to suffer imprisonment for life. 2. The prosecution case, in short, is that in the midnight of 3-1-89 a dacoity was committed tin the house..Category: Criminal Law | Date: | Hits: 64
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......Court. The accused-petitioners being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal from the impugned judgment of the High Court Division. 2. The prosecution case is that on 24-9-89 at about 11 in the morning the accused-petitioners along with o..Category: Criminal Law | Date: | Hits: 61
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... for execution of the decree passed in ejectment suit. The petitioner filed an application in the aforesaid First Appeal No. 241 of 1998 for stay of the Execution Case but it was rejected for non- prosecution. Thereafter, the petitioner filed an application for stay of further proceeding of the ..Category: Property Law | Date: | Hits: 87
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... is to test the ability of the witness to identify a suspected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and honesty is less likely to be called into question by defence when the case is under ......conducted the TI parade. PWs 9, 10 and 12 are seizure list witnesses, PWs 13-15 are Investigation Officers and PW 6 was tendered for cross-examination. The Courts below concurrently found that the prosecution succeeded in proving the commission of dacoity which has not been challenged or denied ..Category: Criminal Law | Date: | Hits: 92
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......-Terrorism Case No. 4 of 1994 before the Court of Sessions Judge and Anti-Terrorism Tribunal, Comilla, an application was filed by the Public Prosecutor on behalf of the State for withdrawal of the prosecution of 43 accused out of 62 accused. The said application was rejected by the said Tribuna..Category: Criminal Law | Date: | Hits: 63
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......dent which accidentally hit the deceased Asad in his leg and he died. 8. It appears that there was a counter case at the instance of the accused which ended in acquittal. 9. Of the 16 prosecution witnesses there were 7 eye-witnesses of the occurrence, namely, PWs 1-4, 6, 8 and 10. O..Category: Criminal Law | Date: | Hits: 77
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....ivil Procedure makes this legal position clear. Thirdly, the general rule that all the joint properties should be included in a suit for partition is not an inflexible one. It can be relaxed and a partial partition allowed, where it is not proved that the parties will be prejudiced or inconvenie......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......ners and others on sections 420/109 read with section 5(2) of Act II of 1947. 4. In the High Court Division the petitioners sought for quashment of the aforesaid proceeding on the grounds that the prosecution allegations did not constitute any criminal offence and that a civil suit having been pe..Category: Anti-Corruption Laws | Date: | Hits: 75
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......on holding, inter alia , that in view of the provision of section 195 of the Code of Criminal Procedure the Investigation Agency had already written to the Government for necessary sanction for the prosecution and as such the time to be spent for having such sanction will not be counted as the pe..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......notice was issued either by the Senior Special Tribunal or by Special Tribunal No. 3 for appearance of the appellant or upon the sureties for production of the appellant. 3. At the trial the prosecution examined 6 witnesses and in the absence of any defence no defence witness was examined...Category: Criminal Law | Date: | Hits: 98
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ...... the Immigration Ordinance, 1982 is not authorised to try any offence either under section 406 or under section 420 of the Penal Code, far less exclusively. The complainant has the option to activate prosecution of the petitioners under the Immigration Act, 1982 as well, but if the allegations conta..Category: Criminal Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......tly misappropriated or converted the same to his own use. The evidence of the other witnesses do not also support any such case. It is simply a case of money lending. It does not warrant any criminal prosecution. The conviction of the appellant under Section 406 of the Penal Code caused serious misc..Category: Criminal Law | Date: | Hits: 78
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