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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ...... reasonableness when the freedom of speech and individual liberty is at stake which the Courts have always unfailingly upheld. Otherwise, wrongdoers would go unpunished because everyone would be too scared to tell the truth and the media would be persecuted and intimidated like that as would be done..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)

....ation of rape against the Appellant No. 1 and the inmates of the house, where alleged occurrence took place, the prosecution case and no independent neighbouring witness proved the occurrence and the medical certificate, claimed to have been issued from Rajoir Hospital, was not produced in the trial......o record opinion whether there was any forceful sexual intercourse or not but such opinion is absent and the opinion given in the medical certificate is absolutely vague. 26. We have given our careful consideration to the impugned judgment passed by the Tribunal below and it is found that imp..

Category: Women and Children | Date: 4 May, 2002 | Hits: 83

Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)

.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)

.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ..

Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ...... names of Habib Box and Nabijan Mia through their sons, Yousuf and Younus as attorney. 26. Further case of the plaintiffs is that their father was in the nature of humble disposition, he did not care to know about the record of rights nor he paid any rents. RS and SA khatians though record the ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)

.... Abdul Hannan Khan found the margin of the wound clear cut. He is clearly of the view that the margin of the injury if caused by a scythe would be irregular. In the fact of such clear and unambiguous medical opinion, it is difficult to rely on the evidence of interested witnesses that appellant Hazr......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....t he found out after visiting the condemned prisoner that the condemned prisoner was not fit to stand the trial by reason of his insanity or unsoundness of his mind and prayer for obtaining necessary medical report on the mental condition of the condemned prisoner. Similarly, the wife of the condemn......ght of the evidence of PWs 5 to19, as their evidence was recorded while the condemned prisoner, after his necessary treatment, was found fit to face the trial enabling him to his defence. 40. On careful scrutiny of the evidence of PWs 5 and 9, who are also close relations, inmates of the place ..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

.... behalf of the State, Mr. Taimur Alam Khandaker, the learned Deputy Attorney General, submitted, that age of the petitioner No. 2 has not been properly ascertained in the instant case as there was no medical report and as such the age of petitioner No. 2 should be ascertained by medical test. We are......that how a Sessions Judge could ignore “The Children Act, 1974”, more so when previously, on several occasions, the High Court Division in different judgments passed, directed all concern to take care as to the trials of Juvenile offenders, and particularly in the case of State Vs. Deputy Commis..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......n dealt with by them in a very crude manner and rude words were also used and untenable and unhealthy presumptions have been drawn. The appellant is a high official of the Government and after a long career he became the Secretary to the Government before the Rule was made absolute and service of no..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......rt may cause any person who has been released on bail to be arrested and may commit him to custody. The power to take back in custody an accused who has been enlarged on bail has to be exercised with care and circumspection. This power which is extraordinary in nature is meant to be exercised in app..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......in the evidence on record that the victim was administered treatment by the doctor called by convict Babul’s, brother. So it altogether cannot be said that the convicts were disinterested in taking care of the victim after she sustained burning injuries. The circumstances as have been relied upon ..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

....pondent No.3 instituted Criminal Case No. 2)92 alleging oppression of woman which was ultimately found to be false. The Bureau of Anti-Corruption took up investigation of the case and they found that medical certificates showing injuries on Luna Dey alias Runa were false and on the alleged date of o...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......reof. The offences as enumerated in the Act are commission of rape, causing death by committing rape, causing death after commission of rape, kidnapping or abduction of women or children, etc. From a careful examination of the provisions of section 6 of the Act, it is clear that an offence of commis..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....tropolitan Magistrate, Dhaka (respondent No.2) to record the statement of the victim girl and pass necessary orders. The respondent No. 2 recorded the statement of the victim girl and ordered for her medical examination by the Head of the Forensic Medicine, Dhaka Medical College for ascertaining her......tha. She is an activist for the prevention of violence and discrimination against woman, providing shelter to the destitute, legal aid to the disadvantaged and other welfare services including health care. Her organisation is directly working with over 60,000 women in Bangladesh both in urban and ru..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......public importance as to granting of anticipatory/pre-arrest bail in non-bailable offences, I would like to write a few lines of my own. It is needless to re-state the facts as those have been taken care of in the main judgment. 27. Mr. Mahmudul Islam, learned Attorney-General appearing fo..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....n of Ayat 1 of Sura At-Talaq (65) divorced women are only entitled to remain in their houses during the period of iddat. There are no express words in that Ayat providing for their food, clothing and medical expenses. Assistance has been taken from Ayats 6 and 7 of Sura At-Talaq (65) to shed light o...... Researches, IFTA, call and guidance, under a Royal decree issued by the Custodian of the Two Holy Mosques. From the preface of the said revised translation of the Holy Qur-an it will appear how much care and pains have been taken in revision and correcting the work of Abdallah Yusuf Ali. In this re..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......fore to be understood in its ordinary meaning, namely, property brought by women to her husband at marriage or vice versa. It must be held, therefore, that in Bangladesh Act the legislature has taken care to see that not only the taking or giving of dowry or abetment thereof before or at the time, o..

Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76

Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)

....anticipatory bail on the ground that the case was engineered by the business rivals and enemies of the petitioner No.1 to destroy his name and fame and professional image out of business rivalry over medical clinic business and police is behind the petitioners and if they were arrested they would be...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ..

Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111

State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)

....f the victim specially on her neck and forehead and those witnesses also saw blood coming out from her mouth and nostrils. So the faint defence that victim died due to diarrhoea has no basis and from medical evidence we find that her death was due to asphyxia caused by strangulation which was ante m......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ..

Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151