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State Vs. Harish, 2002, 31 CLC (HCD)

....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......erred by the convict being Criminal Appeal No. 3032 of 1998 inasmuch as they involve common question of fact and law. 2. The prosecution case, in short, is that about one year before the alleged occurrence the accused Harish and Harun wanted to make illicit relation with Hazera Begum by offerin..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).

....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......abducted said Masuda Khanam (Hasi) while she was going to school in order to compel her to marry him. Case of the appellant is that his daughter Masuda Khanam (Hasi) is aged 15 Years on the date of occurrence. In that case the police after investigation submitted charge‑sheet and the case i..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

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

....y order passed under the former was not sustainable in law. (ii) That a contempt case is somewhat different from that of an accused person under the criminal law which presumes his innocence and places the burden upon the accuser to establish his accusation. Whereas in a contempt case the words......xistence of the cassette not been unearthed and brought to the notice of the public by the press in general, a grave wrong would not only have gone un remedied and undetected, but there was a risk of occurrence of such things as the cassette had unearthed continuing unabated and causing the erosion ..

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

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

....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......her sense and sustained injuries on her person including her private part. At about 4:00 AM Asia Khatun informed the matter to her son‑in‑law, the father of Fazila Khatun who came to the place of occurrence with his wife Shaharan Begum, daughter Fazila, younger brother Kazal, sister Rahela Khatu..

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

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

....that the victim girl left her house responding to the call of Parul Begum in a very casual manner and thereafter she went with the accused without any resistance. She, admittedly, travelled different places including Dhaka, Barisal, Jhalakati, along with the accused Md. Alam accepting the marriage a......ts and circumstances of the case by which, it is asserted, that main ingredient of the offence relating to forcibly taking away of the victim, has not been established. It is submitted that since the occurrence does not relate to the offence of abduction or kidnapping with intention of marrying the ..

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

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

....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. ......ed ran away. Injured Asaruddin was hurriedly taken to the hospital for his treatment but the victims succumbed to his injuries on way to the hospital. It has been alleged that the victim reported the occurrence to the informant and other witness before his death. 3. Upon the aforesaid allegatio..

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

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

....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......the door and caused severe injuries on various parts of their bodies by dao blows. Thereafter the brother-in-law of the informant PW 4 Md. Abdul Latif, having heard the alarm raised from the place of occurrence house came there when he was also attacked by the condemned prisoner. As a result, PW 4 r..

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

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

....where children are accused of offences, they must not be kept in jails. It is no answer on the part of the State to say that it has not got enough number of remand homes or observation homes or other places where children can be kept and that is why they are lodged in jails. It is also no answer on ......ssed by the learned Special Tribunal, Nari-O-Shishu Nirjatan Daman Bishesh Adalat, is not sustainable in law since the Tribunal itself found that petitioner No. 2 is 14-15 years of age at the time of occurrence and under “The Children Act, 1974”, trial of children is exclusively within the juris..

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

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

....llant. This indicates that the learned Judges of the High Court Division were bent upon to convict the appellant for reasons best known to them. Whenever a Senior Counsel makes any oral submission or places any fact it is the practice in this court to ask for an affidavit. May be that Mr. Halder due......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.  ..

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. ......list of accused persons the name of accused­ petitioner does not appear but in the body of First Information Report he is made a suspect as he was found roaming about in the Bazar half an hour to occurrence. 3. Accused‑petitioner was arrested by police on 18‑1‑2000. 4. Police too..

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. ......his younger brother Nurul Hoque informed him about causing of burning injuries to Taslima there was none, that Nurul Hoque memorises the Holy Quran in his village; that on his arrival at the place of occurrence i.e. in accused Babuls house he saw 8/10 persons and that the said persons were the resid..

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

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....iation in the light of the judgment of the First Labour Court is very much legal, that the samity owns huge property and that maintaining a big office with staffs of different categories at different places; that although the samity is a Welfare Organization it has its own source of income, such as ......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151...

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

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

.... 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. ......und 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 occurrence the medical officer respondent No.1 who issued the certificate was not on duty rather Dr...

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. ......e. These two appeals are taken up together for the sake of convenience and brevity as they arise out of the same case and commonness of facts and law being involved. 2. The case arises out of an occurrence that took place on the night following 23-4-98 between 8-00 PM and 10-15 PM in the reside..

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)

.... such cases is welfare of the victim girl but the girl herself is never asked what is good for her or what she desires, instead she is just used as a chattel. She further argues that the existing law places the judge in a position of loco parentis of the victim girl, this responsibility should not b......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..

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

Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)

....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ...... petitioner No.1 along with his companions attempted to kidnap the informant Nargis Parvin to marry her against her will but she was rescued by the police of Mollahat Police Station from the place of occurrence i.e. from the house of Akbor Hossain, son of Dhala Chowkider of village Garfa PS Mollahat..

Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88

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

....nd fair approach as an obligation upon the righteous and (2) on equitable doctrine. 149. It has been urged that the word ‘mata’a’ has been used in the Holy Quran at least in 14 places (2:36; 3:14; 24:29; 28:61; 33:53; 40:39; 43:33-35; 57:20; 80:24-32; 33:28; 2:240; 2:241; 33:4......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ..

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

Firoz Miah Vs. State, 1998, 27 CLC (HCD)

....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37....... Taka 5,000.00 in default to suffer RI for one year more. 2. The prosecution case is that the deceased Sahara Begum was married to accused Firoj Miah (present appellant) about 3 years before the occurrence. At the time of marriage cash money and other valuables were given to the accused but a f..

Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103

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. ......d Act "dowry" will mean any property or valuable security given or agreed to be given at or before or after marriage and in the absence of any allegation in the FIR that money demanded on the date of occurrence had already been agreed upon no offence under section 11 of the said Ain was committed by..

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

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

....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. ......nce as well as the Jail Appeal is being disposed of by this judgment. 2. Victim Sukitan Nessa, sister of the informant P.W.1 Jahiruddin, was married to the accused Afazuddin 8/9 years before the occurrence. Accused used to torture the victim after their marriage demanding dowry and her parents ..

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