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Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......gust 20, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 137 Whether contradiction in the evidence of prosecution witnesses entitles the accused to an order of acquittal when there is his clear confession admitting his guilt Statements eli......witnesses. The Penal Code, 1860 (XLV of 1860), Section 302 The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether death sentence can be consummated to imprisonment for life when the accused suffered agony of death due to long delay in executing death sentence The..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......tion of evidence occasioning a failure of justice Appellate Division can arrive at its own conclusion after reviewing the entire evidence and can reverse the order of acquittal and convert the same into an order of conviction agreeing with the trial court. Case Referred to- Noora Vs. Sta...... record, by his judgment and order dated 31.5.82, found the respondents guilty both under sections 302/34 and 201 Penal Code, convicted them accordingly and sentenced each of them to imprisonment for life under the first count and to rigorous imprisonment for 5 years and a fine of TV 200, in default..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will not change the nature and character of the suit at all, nor will......the hotel business with his own money but out of love and affection he gave his younger brother i.e. appellant No. 1 Md. Afruz Miah some shares in the said hotel business in order to establish him in life. Deceased Siraj Miah himself held 600 shares in the said hotel and became the permanent and lif..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......unshaken by cross examination. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali, Advocate-on–Record for the Appellants. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (State). ......ision Bench of the High Court Division, Dhaka in Criminal Appeal No. 47 of 1985 upholding the order of conviction under sections 302/34 of the Penal Code and the order of sentence of imprisonment for life passed thereunder and further upholding the order of conviction under section 148 of the Penal ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ...... The Rule is made absolute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting the date along with the signature is mandatory. This is a legal provision under section 367 of the Code of Criminal Procedure. MK Zaman & ......mounting to Taka 1, 170/‑, a gold ring valued at Taka 1,000/‑ and a wrist watch from the victim. The victim managed to get himself free from the accused and ran and jumped into a pond to save his life. On hearing hue and cry people from the surrounding area including the police personnel from th..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ties of different individuals differ from each other in the matter of observation, perception and memorisation. They can hardly be the ground for rejecting their evidence when there is a consensus as to the substance of their evidence............................... (20) Exactitude and consisten......named 6 appellants were found guilty to the charge framed against them by the learned Sessions Judge and each was convicted under sections 302/34 of the Penal Code and sentenced to transportation for life except appellant Nurul Haque who was found guilty under section 326 of the Penal Code and convi..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......n, Advocate—For the Contemner-Respondents (In both the petitions). Contempt Petition Nos. 9 & 10 of 1989. Judgment Mustafa Kamal J. - These two contempt Rules have been heard together and will be disposed of by the same judgment as they arise out of a same transaction. ......ther words, there is a clear admission that the detenus were not released in the fullest sense of the term. They were not allowed to breathe the fresh air of freedom outside the jail. Their jail life was continued without any break. The two orders of release were only paper transactions and the..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533....... Ananda and others..............................Appellant Vs. The State............................Respondent Judgment May 24, 1989. Result: The appeal is allowed. Case Referred to- Ramji Lai Vs. The State, AIR 1951 Rajasthan 33. Lawyers Involved: S.R. Karmaker, Advoc...... as she moves from one place to another, and accompanies the accused in pursuance of the promises held out to her and also compelled to move from one place to another at a dagger point, the threat to life haunting the girl althrough. But as to persons joining subsequently the judgment delivered by N..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......Vs. The State.........................................Respondent Judgment April 26, 1989. Result: The death reference is rejected with Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The .........................................Respondent Judgment April 26, 1989. Result: The death reference is rejected with Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedur..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......s.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Da......er that such woman may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse; shall be punishable with imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......eard learned A.P.P. Mr. Saidur Rahman who appeared for the State. Also heard Id. Advocate for the aced. It has been alleged in the F.I.R. that the informant Firoza Begum gave Tk. 20,000/- as jawtuk to her husband accused Hormuz taking the same from her father and that the accused after beating her...... or parent, guardian or relation of the husband of any woman, causes or attempts to cause death or grievous hurt to that, woman for dowry shall be punishable with death or with transportation for life or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be ..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ..................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February 12, 1986. Result: The Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (......the request of the person who went to get the appellant admitted to the school. “Request was made, it is suggested, to make him appear two years younger than he really was so that later in life he would have an advantage when seeking public Service for which a minimum age for eligibility ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......s.…………………Appellants Vs. Golam Ahmad Shah and others………….Respondent Judgment January 27, 1986. Result: The Appeal is allowed. Cases Referred to- Davis Vs. Mensosa 38 Calcutta 805 (P. C.); Sarkarlinga Vs. Ratnoswami Nadar. AIR 1952 (Mad....... was filed. The defence was mainly on hardship. The Division Bench carefully considered the defence and concluded. "If we decree the suit, she will be deprived of that income too, for the rest of her life with no shelter to cover her head. There can, therefore, be no justification for us to tell her..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......llip;………………..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique ......tures of gold or silver, currency-articles of food, drugs, imported goods, or any other goods; or (b) brings into Bangladesh any goods, shall be punishable with death, or with transportation for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall al..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ...... 1985. Result: The appeal is allowed. Lawyers Involved Shawkat Ali Khan, with Abdul Basel Majumder, Gour Gopal Shaha— For the Appellants. Gazi Abdul Mannan, Assistant Attorney-General— For the State. Criminal Appeal No. 303 of 1983. Judgment Amin-U......n Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Court, Mymensingh convicted the two appellants under sections 302/34 of the Penal Code and sentenced them to suffer transportation for life. Against the said order the two appellants have preferred this appeal. 2. The prosecution ..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ....... Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Ra......he aforesaid U.N.O. to show cause why he shall not be punished for repeating the offence of contempt of Court. It has been alleged in the said representations that the safety and security of the life of the Munsif-Magistrate was at stake as the U.N.O. had set up people to assault him after issu..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. .......................................Respondent Judgment November 25, 1984. Result: The Death Reference Case is rejected and the Criminal Appeal is dismissed. Cases Referred to- Abdur Rashid Vs. State, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. ......condemned prisoner and she need not be visited with actual capital punishment after this long suffering. The ends of justice will be met if the sentence of death is reduced to transportation for life. In the result, the Death Reference Case is rejected and the Criminal Appeal is dismi..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......a Kamal J Md. Abdul Wahab J Zaheda Bewa & anothers…...................Petitioner Vs. The State...........................................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs...... Judgment Mustafa Kamal J.- Appellants Zaheda Bewa @ Zaheda Begum and Shah Md. Ali alias Shaheb Ali were convicted under section 302/34 of the Penal Code and sentenced to transportation for life each by Mr. Md. Rezaul Haque, Additional Sessions Judge, 2nd Court Rangpur by his judgment and ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......his appeal is directed against, the judgment and order of the Sessions Judge, Pabna convicting the five accused appellants under section 302/34 of the Penal Code and sentencing each of then to transportation for life and to pay a fine of Tk. 1000/00. 2. The prosecution case was that o...... against, the judgment and order of the Sessions Judge, Pabna convicting the five accused appellants under section 302/34 of the Penal Code and sentencing each of then to transportation for life and to pay a fine of Tk. 1000/00. 2. The prosecution case was that on 14.2.81 deceased Sha..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......egative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a declaration of plaintiff's own legal character as a legal heirs of her father. So...... Sree Kanta died in 1377 B.S. leaving a widow Khata Barmani and the only daughter namely the plaintiff. Upon his death his widow namely the plaintiff's mother inherited the lands of Sree Kanta in life interest and subsequently upon death of Khata Barmani in 1380 B.S. her only issue and daughter ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
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