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Displaying 1941-1960 of 1965 results.
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......he order of the High Court Division and instead filed an application for withdrawal of the revision case which was allowed by the High Court Division and the Rule was discharged on 16-3-92 for non-prosecution. Thereafter on 17-3-92 the respondent filed an application in the execution case, this ..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....ion ceasing to exist. It may be observed that there was a bar for the appellant to move the High Court Division under Article 102 against the original order of redemption when the Constitution was partially revived by the Constitution (Partial Revival) (Second) Order, 1985 (Chief Martial Law Adm......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......or adduce any evidence in the case on his behalf. Leave was also granted to consider whether it was the duty of the police officer under section 171 of the Code of Criminal Procedure to produce the prosecution witnesses before the Court and whether the Additional District Magistrate erred in law ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......nder section 201 of the Penal Code against the absconding accused Abul Kalam Azad. The accused persons pleaded not guilty and claimed to be tried and next dates were fixed for evidence. On 13-7-86 prosecution filed hazira of 16 witnesses but subsequently filed a petition under section 288 of the..Category: Criminal Law | Date: | Hits: 120
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
...... on the basis of an enquiry undertaken by an expert Committee a Court would be well advised not to try to be more expert at the complaint stage because otherwise, it will be an example of nipping the prosecution in the bud………………………….(16)
The law should not be stretched too fa..
Category: Business or Commercial Law | Date: | Hits: 163
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......to the Court having jurisdiction for trial. The informant’s application in the present case for including the offences under sections 326 and 307 of the Penal Code was unnecessary because the prosecution, as already observed, can raise the matter of framing charge under a higher section at ..Category: Criminal Law | Date: | Hits: 74
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......67/468/471/109 of the Penal Code. 2. The charge was framed against accused-respondent Ramizuddin and others under sections 467/109 of the Penal Code on 6-6-88 by the trial Court. The prosecution witnesses were examined with effect from 14-8-89. By judgment and order dated 30-11-89 ..Category: Criminal Law | Date: | Hits: 73
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......be enough for a civil Court not to rely on such document but for a conviction for forgery there must be clear evidence as to the above which are the ingredients of the offence. 6. The prosecution cannot improve upon what has been found by the High Court Division which, we find, is c..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......Only accused-petitioner Khandoker Saiful Islam has preferred this petition for leave to appeal against the said judgment and order of the High Court Division. 3. Shortly stated, the prosecution case is on 31-5-87 at about 7-00 AM the informant PW 1 Badshah Miah along with de..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......leting the conviction and sentence passed under section 5(2) of Act II of 1947. The accused petitioner being aggrieved by the impugned judgment has filed this leave petition. 2. According to the prosecution, the accused who was the Senior Assistant-cum-Cashier of Jiban Bima Corporation. Kandirp..Category: Anti-Corruption Laws | Date: | Hits: 81
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......said judgment and order of the High Court Division dismissing his appeal, leave was granted to consider mainly broad submission that the other accused having been acquitted upon a disbelief of the prosecution case, the conviction of the appellant on the self same evidence was bad in law and disc..Category: Criminal Law | Date: | Hits: 104
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......m the said two offices maliciously deposed against him. The alleged confession made by him was not true and voluntary and it was obtained by coercion and torture. 8. At the trial the prosecution examined 35 witnesses and tendered 4 but the defence examined none. The prosecution pro..Category: Criminal Law | Date: | Hits: 130
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......e recorded under mutation Case No. IXP-1-2239/80-81 in the Revenue Office, Kashiani Upazila. The appellant however denied the charge and claimed to be innocent. On consideration of the evidence of 10 prosecution witnesses the defence examining none, the trial Court found the appellant guilty under s..Category: Anti-Corruption Laws | Date: | Hits: 71
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......udges of the High Court Division, of course, did not put any reliance on the evidence of the two eye-witnesses PW 4 Nurul Islam and PW 7 Shamsuddin Sikder as they appeared to him to be related to the prosecution party by village courtesy. 6. Mr. Shaukat Ali Khan, learned Advocate appearing for t..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......otu. Apparently the DAB following up the inquiry stopped by the learned Magistrate on 10-6-87 lodged the FIR. 5. In the FIR dated 29-6-88 PW 1 Md. Ahsan Ali, and Inspector of DAB, stated the same prosecution case, which was stated in the petition of complaint by PW 11 in Complaint Case No. 5 of ..Category: Procedural Law | Date: | Hits: 120
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......risonment for one year more. 2. This case relates to murder of Munir Hossain and Khaleque @ Khaled and an attempt to murder Swapan on the same day at two different places in the city of Dhaka. The prosecution case is that, on 7-5-91 at about 8-30 PM accused respondents Ratan, Habib along with oth..Category: Criminal Law | Date: | Hits: 108
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ereafter he submitted the High Court Division erred in law in not considering that the order of conviction and sentence is bad in law in view of the materials on record and that the prosecution withheld material evidence to establish the guilt of the petitioner and as such the..Category: Criminal Law | Date: | Hits: 94
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
.... out from the second group would also apply with equal or perhaps better force for the appellant and 12 others left out from the first group and as such the Finance Minister's recommendation was partial and discriminatory for not including the names of 13 persons including the......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ...... the Additional Sessions Judge framed charge against eight accused including the respondent Abul Kalam under Sections 328/420 of the Penal Code and after examination of witnesses produced by the prosecution, the trial court convicted the accused appellant and others under Section 328 of the Pen..Category: Criminal Law | Date: | Hits: 92
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ....... for a period of 2 years more as passed by the learned Additional Sessions Judge, 3rd Court, Rajshahi, in sessions Case No. 118 of 1985 by the judgment and order dated 17-11-1997. 2. The prosecution case in brief is that on 10-12-1984 at about 6.30 A.M. Rafatullah (deceased) the f..Category: Criminal Law | Date: | Hits: 99
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