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Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)

.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... Facts for disposal of the rule are that one Ms. Sundari Khatun filed a petition of complaint in the Court of Magistrate, Cognizance Court, and “Ga” Anchal Chuadanga, alleging inter alia that the accused is a polygamist and he is greedy for dowry. On the contrary, the complainant is very simple ..

Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100

ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)

.... was duly read over to accused Md. Atiq Ullah Khan Masud and to which he pleaded not guilty and claimed to be tried. But the charge could not read over to the appellant ATM Qumruzzaman Khan as he was absconding. 5. In this case prosecution examined as many as 10 witnesses and defence examined n......d. Mahmud Hasan, the Deputy Assistant Director, Anti Corruption Commission lodged a First Information Report (FIR) with the Motijheel Police Station, DMP, Dhaka alleging inter alia that the FIR named accused No.2 Md. Atiqullah Khan Masud on 19-4-1999 applied before the Rajdhani Unnayan Kortipakkha (..

Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3

Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)

....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ection 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellants. 2. On 7.4.2010 one Sabeda Begum lodged an FIR with the Narail Police Station against 4 accused persons alleging that on 1.2.10 on the way back from her school informant daughter Sarmin Su..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77

Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......t and order of conviction and sentence and the other mate­rial evidence on record. 10. P.W.1 Naima Akter Tuhin, who is the com­plainant and as well as victim of alleged crime, deposed that the accused Nazmul Islam Nazu is her neighbor; he used to propose her for making illicit connection. On ..

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Chunnu Vs. State, 2011, 40 CLC (HCD)

....Penal Code to which the accused who were present (including the Appellant Md. Rafi) pleaded not guilty leading to the commencement of the trial. Since the Appellant Chunnu and some other accused were absconding, charge framed and trial commenced against them in absentia. 6. During trial, prosec...... Judgment March 15, 2011. Result: The appeals are dismissed. Code of Criminal Procedure, 1898; Section 164(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying d..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)

....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... alias Abdul Aziz may find bail on furnishing bail bond subject to the satisfaction of the learned Special Tribunal No.1, Gopalganj. The Trial Court, however, is at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashrafu..

Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76

Md. Nazim Vs. State, 2011, 40 CLC (HCD)

.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......tan Special Tribunal No.10, Dhaka for trial, who by the order dated 28.11.04 after taking cognizance framed charge under section 19A of the Arms Act against the petitioner, which was read over to the accused persons wherein he pleaded not guilty and claimed to be tried. 6. During trial the prosec..

Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133

Kazol and others Vs. State, 2011, 40 CLC (HCD)

....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......ent and order dated 31.01.2007 passed by the learned Additional Session Judge, Manikgonj in Session Case No. 85 of 2005 arising out of Manikgonj P.S Case No.19 (2)2003 dated 11.02.2003 convicting the accused appellants under section 302/34 of the Penal Code and sentencing them to suffer imprisonment..

Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......he Nari-O-Shishu Nirjatan Daman Ain, 2000 (as amended 2003) 3. Prosecution case in short is that on 19.03.10 one Rabi alias Sree Rabi Malo lodged an FIR with the Pachbibi Police Station against 3 accused persons alleging inter alia that the informant’s daughter Rafiqa Rani is a student of Clas..

Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82

Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......disposal of the Rule are that the added opposite-party No.2 Mohammad Kamal Uddin Chowdhury lodged a Petition of Complaint before the Chief Metropolitan Magistrate, Chittagong on 29-4-2009 against the accused-petitioner Mohammad Shah Alam under section 138 of the Negotiable Instruments Act, 1881 alle..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361

Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......leading to the issuance of the Rule, in short, are that opposite-party No.2 as complainant filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that the accused-petitioners are the Directors of a private Limited company named Mikado products private Ltd..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)

....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......s, with a view to marry her, against her will. Having unsuccessful searched the victim, the informant lodged the instant case. 3. The Police after investigation submitted charge sheet accusing two accused including appellant under sections 7, 9(1), 30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000..

Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178

Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)

.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... consideration to his submissions. 7. On going to materials on record it transpired that merely the application of the appellant was kept with the record. After closure of the prosecution case the accused must be examined under section 342 of the Code of Criminal Procedure irrespective of the fac..

Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127

Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)

....9-9-2004 the informant along with other DB personnel went on patrol duty at Bhashantek area on the basis of GD No.622. While on duty, the informant and his companions got a secret information that an absconding accused of Kafrul police station Case No.11(5) 2004 under sections 304/34 of the Penal Co....... Non-examination of important witnesses creates presumption under section 114(g) of the Evidence Act and raises doubt about the prosecution case and benefit of doubt would always go in favour of the accused. petitioner. Non-examination of important witnesses creates presumption under section 114(g)..

Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......509 of the Penal Code in the schedule to the Mobile Court Act 2009, she contends that this is not what the civil society and rights organizations wanted. The procedure of Mobile Court in punishing an accused is such that the accused does not have any right to engage a lawyer or to cross examines the..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......all include the following information and partic­ulars, namely— (a)  an attested copy of the certificate of his highest educational qualification; (b) whether at present he is accused of any criminal offence or not; (c)  whether he has any past criminal record, and ..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....am Matubber, Assistant Attorney-Generals - For the Appellant State. Md. Amir Hossain, Advocate - For all the Condemned prisoners-appellants. Mrs. Shahanara Begum-State Defence Lawyer - For the absconding Convict Aaizel @ Aazu @ Azizul Haque @ Azizur. Death Reference No.143 of 2005. With......he dead body to be of his brother's daughter, Shilpi Khatun and found black marks on the throat of the deceased, Shilpi Khatun. Nearly, 1% months ago that Shilpi Khatun was given in marriage with the accused Noor Islam. After marriage Shilpi Khatun went to her father-in-law's house twice with her hu..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......rs of public and private educational institutions of the country, by incorporating the imposition of corporal punishment upon any students within the definition of ‘misconduct’. Thus, any teacher accused of imposition of corporal punishment on any student will be liable to be proceeded against f..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

State Vs. Alam, 2011, 40 CLC (HCD)

.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ....... They witnessed through an open window that Alam was beating Vanu with a stick and Amanat forced her to lie upon a bed by kicking and punching her. Subsequently, Alam strangled her to death. The two accused made an abortive attempt at hoisting the corpse by tying a noose around the neck and hanging..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......ourtof the Special Judge, Dhaka should not be quashed so far as it relates to the petitioner. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The accused-petitioner is the wife of one Engineer Afsaruddin Ahmad, an ex-Member of Parliament, Banglad..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189