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State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ectively under section 161 of the Code of Criminal Procedure and handed over the Case Diary for investigation to SI SM Nazrul Islam at the instance of the authority who also visited the place of occurrence, prepared Sketch Map with index, Exhibit 8 & 9 and recorded the statement of 9 w..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....en in general and rape in particular is on increase, it is very much distressing that for commission of rape innocent persons are, also, trapped and brought in with ulterior and malafide motive. This places a duty on Courts/Tribunals to locate real offenders of sexual assault absolving innocent pers.......W.12 are police officers and formal official witnesses and P.W.11 is Magistrate, First Class and a formal official witness. Informant P.W.1, P.W.3, P.W.5 and P.W.7 had not been at all present in the occurrence house during the course of commission of rape and they are not viewers viewing the commis..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ...... on a tip-off that a gang of dacoits was taking preparation at Laskarpur rail gate for committing dacoity to vehicles, P.W.1 along with P.Ws.5, 7, and other constables approached towards the place of occurrence on 16.03.99 at about 8.P.M. On the way they noticed that the dacoits were approaching tow..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......lows:- 3. The victim Rikta Begum @ Shilpi was younger sister of the informant Anowar Hossain and she was given in marriage with the accused. Md. Abdul Gofur before about 2 years from the date of occurrence and she had been residing with her husband in his house. On several occasions, the accuse..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......from the scene. The victim was taken to Dhaka Medical College Hospital, where he died after being admitted there. The informant lodged the F.I.R. with Sutrapur Police Station within four hours of the occurrence. Thus Sutrapur P.S Case No.58(3) 98 was started. 6. After due investigation police sub..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......ot comply with the requirements of Rule 10 i.e. they did not make a prayer to the Customs and Excise Department for exemption of excise duties for the lost goods within two days from the date of occurrence. This observation of the Appellate authority has, in fact, not been relied on by the revi..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....y the Public Prosecutor. 11. It is stated in the final report that the accused appellants committed no offence and no seizure list witness was available for examination by the I.O. and none of the places mentioned in the F.I.R. where from the accused appellants were arrested is within 25 kilomete......dated 15.9.2003 was under Section 25B was started against the accused appellants. 3. Mr. Mahtab Hossain, Sub-Inspector of Police, attached to B.D.R. took up the investigation, visited the place of occurrence, prepared sketch map and Index, recorded statement of witnesses including members of BDR ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......arms abducted the said girl and she was taken to unknown place in a CNG vehicle for marrying her against her will. The victim girl Jannatun Noor Popy was aged 15 years 8 months 15 days on the date of occurrence. 4. Police on the basis of First Information report started a case being Rangunia P...Category: Women and Children | Date: 10 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....period with gaps from time to time and they were not made permanent as per the Bangladesh Biman Corporation Service Regulation. They are not transferred as claimed but they were placed at different places as causal workers to work and as such these petitioners are not entitled to any relief. The......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....he existing Honourable Members of Parliament……………..” 13. The inability to take action against the MPs of the existing Parliament was frankly admitted in Para 10, Para 17 and in other places of the said affidavit. As such, it is apparent that in this country the provisions of law, re......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
.... search and may issue and order in writing to them or any of them so to do. (2) The search shall be made in their presence and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and si...... he investigated the case perfunctorily or that he submitted a report on suppression of the real incident by omitting the names of the real offenders. He however admitted that he visited the place of occurrence for the first time 18th August, 2001 although the alleged incident took place on 8 August..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......um Chowdhury, the learned advocate appearing on behalf of respondent Nos. 2-4 submits that none abducted victim Mahbuba Delwar @ Shuvra Moni who had affairs with accused No.1 Refat and on the date of occurrence she herself went with accused Refat and married him. He further submits that learned Trib..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ershadul Vs. State, 2006, 35 CLC (HCD)
....ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......pplication of judicial mind. He submits that there is a great departure from what has been stated in the F.I.R. to the deposition of witnesses. Lastly the learned Advocate submits that on the date of occurrence, the appellant was aged about 16 years and thus he ought to have been tried in juvenile c..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......the allegation of attempt to commit rape is not mentioned in her First Complaint and undoubtedly allegation of rape was a creation of after thought and subsequent development to aggravate the alleged occurrence. In her first Complaint Ms. Ok Kyung Oh clearly admitted that accused respondent No.2 Mr...Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....tim, who narrated the occurrence to her parents and other relations, to the effect that the accused by allurement kidnapped her and took her in his house in Dhaka and then he shifted her to different places in Dhaka City and committed rape upon her. The accused also took her photograph and created f......ater on, brother's son of the complainant on 17-08-1977 went to the house of the accused at village Dhania within Demra, Police Station under District-Dhaka and recovered the victim, who narrated the occurrence to her parents and other relations, to the effect that the accused by allurement kidnappe..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......n properly proved and that the manner of examination of the accused under section 342 of the Code of Criminal Procedure is defective. It is also pointed out that the eye-witness PW 2 deposed that the occurrence was only witnessed by herself and none else was there at that time, whereas PW 4 deposed ..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......tabbed on the chest of Salam by chhora who fell down. Then appellants Rafique and Tuku gave him one blow each. Thereafter appellant Kibria gave him three chhora blows. He (informant) saw the above occurrence by the light of burning hurricane in the hand of his wife and also by the flash of torch ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....ent and, therefore, he was probably very willing to pay defendant these higher rates in order to secure the rice. When there was control of rice imports and rice sales set up in Negapatam as in other places, it is impossible to believe that the plaintiff, who was himself a big rice merchant did not ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....f the world. 20. The village in some form or other, is in existence from time immemorial, so also the village head-men, council of elders, panchayets, in the villages in various names in different places in various times. They are respected by the villagers and their decisions on various problems......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ...... (P.W.1) went to the hospital the appellant was not present there. On investigation he found that miscarriage was done against the will of the deceased. He further stated that he visited the place of occurrence, prepared sketch map, Exhibit 8 with separate index, Exhibit 9, recorded the statements o..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1