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State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......3. Prosecution case, in short, as narrated by Tarab Ali (PW 1) is as follows: Shamima Akhter, since deceased, is the niece of informant Tarab Ali. Shamima lost her father and he reared her up. The occurrence took place on 1‑11­-2000 at about 3.00 PM when Shamima was killed and he got the death..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....e condemned prisoner being armed with a  Dao' arrived at the land where PW 1’s son, Hazrat Ali was transplanting paddy saplings and upon attacking him inflicted several blows by 'Dao' in different places of his body and he died. The said incident was witnessed by Hazrat Ali's mother Julekha Khatu......earned Counsel for the petitioner that the contradictions in the evidence of the alleged eye‑witnesses or in the evidence of the witnesses who immediately after the incident arrived at the place of occurrence were not considered. The submission so made is of general nature. It has not been specifi..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......tor was due to shock and hemorrhage as a result of the above mentioned injuries which were ante mortem and homicidal in nature.  4. Police during investigation visited the place of occurrence, seized incriminating articles under proper seizure list, and held inquest over the dead ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......und that medicine worth Taka 72,541 was missing. A first information report was lodged with Sree Mongal Police Station; the officer‑in‑charge of the Police Station came to the place of occurrence and started investigation; suspected the respondent No. 2 and he was taken to police sta..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ...... his shop at Kankirhat and then his Chachato brother Manik told him that condition of his daughter was not good and Manik asked him to go back to his house. After coming home he asked Parul about the occurrence. Parul told him that accused Foran Ali and Babul called her after the dusk when she was r..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)

..... 229/01) against the accused persons leaving his son Arif, (11) at home. They returned home at about 5.00 in the afternoon but the said Arif was not found at home. They searched for him at different places including the houses of their neighbors and relatives. But to no effect. As a result he made ......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......victim and raped her against her will, while her mother-in-law was sleeping on the verandah on the same hut. The informant was at Dhaka who works as helper of mason and that he came to know about the occurrence after return therefrom, but could not file necessary case, as the local people tried to s..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....thers being armed with lethal weapons and fire arms as well as bombs surrounded the rickshaw and pulled him down from the rickshaw and inflicted indiscriminate blows by a Chinese axe in the different places of the body of victim Sabuj and while the victim raised alarm for help then the informant and......inflicted indiscriminate blows by a Chinese axe in the different places of the body of victim Sabuj and while the victim raised alarm for help then the informant and his cousin rushed to the place of occurrence and accused Shahid threw a bomb on them and thereby Alamgir was injured by the splinter o..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)

....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ation report none of the accused persons were implicated. On the basis of the said first information report Sub‑Inspector Delwar Hossain Chowdhury started investigation by visiting the place of occurrence, preparing sketch map, index and inquest report of the deceased and took other necessary ..

Category: Criminal Law | Date: 12 May, 2003 | Hits: 74

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....candidates being dissatisfied with the selection of the polling stations filed application to the Chief Coordinating Officer, the Deputy Commissioner, Narail for setting up polling station at neutral places to secure fair and free election. On the said application defendant No.2 was instructed to in......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273.   ..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)

....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ......tion by the prosecution the witnesses disclosed the reason for not deposing about recognition of the accused persons and narration of the incident to them by PW 1. PW 9 stated that he heard about the occurrence 2 days after and that he came to learn that accused persons committed rape upon Altafunne..

Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

.... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......nd being unable to take decision kept her dead body beside the road and they are innocent.  9. PW 1 Md. Afzal Hossain is the informant of the case who in his evidence narrated the occurrence following the general diary lodged by condemned prisoner Moinul Haque. Thereafter, he ad..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)

....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......tructive possession thereof which is bad in the eye of law.  7. Mr. Malek lastly, contended that the prosecution to prove the allegation that the 2 persons who fled away from the place of occurrence were the appellants relying on the statement of co-­accused made to police party, whi..

Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84

Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).

....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691.   ......rniabat, Babu Sarniabat, Laxmi, Potka and others and all of them died on the spot. The informant and others also sustained bullet injuries. This appellant and others were recognized at the time of occurrence. Ultimately charge sheet was submitted against the accused persons including this appell..

Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ......e submitted final report; that the National Board of Revenue got further information about foul play and formed Enquiry Board for investigation into the matter. The Enquiry Board visited the place of occurrence, took statement of persons connected in the matter, examined the relevant records and aft..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......sed hue and cry and the hotel manager and hotel boy Abdur Razzak and Md. Ali Bhutto rushed to the room and heard and saw the matter. On the following morning the victim returned home and reported the occurrence to her husband who filed a complaint case before a Magistrate having the competent jurisd..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ...... and took her forcibly with them. Some other 7/8 accused persons armed with sticks, kirich and cut rifle were waiting outside the hut. On hearing hue and cry when the villagers came to the place of occurrence, the accused persons indiscriminately fired with guns and fled away with a microbus towa..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......ng injuries on his person. On hearing the hue and cry of Shayamol Kanti the informant and witnesses Shashi Bhushan Majhi, Samir Singh, Anil Majhi, Ratan, Ram Krishna and others rushed to the place of occurrence and saw and heard the occurrence. Shayamol Kanti died later on 25-1-86 at about 5-00 PM d..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....ssport and while deposing in court admitted plainly that at that time all the members of his family, that is, children and wife, as well as all the relatives were staying in Tripura State and other places of India and thereupon expressed view as to necessity of ascertaining the fact said defendan......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......cord. 8. Purnima Rani Das, the informant-victim as P.W.1, in examination-in-chief stated that she was married to the accused appellant 10/12 years ago. They used to lead a happy conjugal life. The occurrence took place on 21‑5‑1999 at 7‑00 PM. Earlier she filed a case against the accused ap..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173