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Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
.... fundamental issues, namely (1) the biological relationship between the a baby and a man as alleged father and (2) the responsibility of a man as the alleged father to provide maintenance to the minor girl, Court has to rely on Additional Evidence i.e. DNA test to come up with a proper decision......r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ......mental issues, namely (1) the biological relationship between the a baby and a man as alleged father and (2) the responsibility of a man as the alleged father to provide maintenance to the minor girl, Court has to rely on Additional Evidence i.e. DNA test to come up with a proper decision. ..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......………..(39) Evidence of Solitary Witness Calls for Corroboration as s Rule of Prudence. It is absolutely necessary for the interest of justice that at least the victim's statement must be in conformity with the probability and in a case like this the evi&sh......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Arman, 2014, 43 CLC (AD)
....r. 3. On perusal of the FIR we have noticed that there are specific allegations against the accused respondent who is 65 years old of committing sexual assault on the victim who is barely a minor girl. It is alleged that the accused was caught red handed just immediately after the inci......l for a period of 6 (six) months in Nari-o-Shishu case No.148 of 2011 pending before the Nari-o-Shishu Nirjatan Daman Tribunal, Narsingdi for trial. We have perused the FIR, the medical report of the victim and other materials on record. 2. Learned Attorney-General argued that the High Court Di...... 3. On perusal of the FIR we have noticed that there are specific allegations against the accused respondent who is 65 years old of committing sexual assault on the victim who is barely a minor girl. It is alleged that the accused was caught red handed just immediately after the incident ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......tition, as the case is, prima facie, discloses an offence. Whether the allegations are framed or genuine can only be determined through investigation and sifting of evidence.
(g) Interest of the victim in particular and the society at large must be taken into account in weighing respective righ......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
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Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....akhipur Police Station against the appellant-petitioner. The informant is a poor man and he has been earning his livelihood as a day labourer. About five months back, the accused-petitioners took his minor daughter, Nazma Khatun, to Tangail to provide her with a job at a monthly salary of Taka 300 o......bsp; February 13, 2014 Result: The petition for leave to appeal is dismissed. The accused-petitioners having no morality could dare to sell the victim to a brothel The High Court Division found that P.W.1, the informant and P.W.2, the vict......hat she was about 13 or 14 years old. 16. The finding of the doctor as to age is belied by the fact that his report shows the taking place of menarche one year back. In context of development of girls in Bangladesh the age stated by the victim would be more commensurate with menarche having sta..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....ent civilians; charge No.5 was also relating to mass killing of 344 civilians of village Alubdi, (Pallabi, Mirpur) and the last charge was for the killing of Hazrat Ali Laskar, his wife Amena and two minor daughters Khadiza and Tahmina, rape of his three, daughters and the killing of his two ye......ct to have seen the occurrence, cannot be doubted only because he happens to be related, or otherwise, to the party on whose behalf he gives evidence. 49. An eye witness who is a relative of the victim is a competent witness but his evidence cannot be accepted without close and careful examinat...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
.... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... he quickly shifted his position and tried to resist the stroke with his left hand, his left mid-finger was fractured. The opposite parties in the manner described in the ejahar seriously injured the victim-witnesses Zafor Ahamed and Jashim Uddin. They also snatched taka 4,970/=from Jashim Uddin and...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....zur Rahman on 1-6-1996 where she was also there. 33. Taking such opportunity the accused Mostafizur Rahman began to ill-treat her and frequently committed rape on her who was at that time a minor girl of 13 years only. 34. To release herself from such an atmosphere P.W. 2, victim......u Nirjaton Daman Bishesh Adalat sentenced them to suffer imprisonment for life and also to pay a fine of Taka 5,000 each, in default to suffer rigorous imprisonment for 1 (one) year more. 7. The victim Shefali Khatun was 10 or 11 years old when her mother, step-father and half sister Aleya (acc...... 15. In a case of this nature it is imperative to keep in mind certain social and moral aspects as well as the background of the victim for proper adjudication. Shefali was an illiterate village girl who at the time of occurrence was below the age of 13 years. She came from a poor family, who f..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....laintiff No.1 and father of plaintiffs Nos. 2-5 were the owners of the suit land and other properties. Moulvi Basiruddin was killed by the miscreants in the year 1967 when plaintiffs No. 2-5 were all minors. Defendant No.1 came forward to conduct the case regarding murder of Moulvi Basiruddin as tad......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ...... 302/34 of the Penal Code. 2. An incident took place on 27.11.1985 at about 2.00 p.m. when the accused, appellant herein, along with others is alleged to have caused injury and resulting death of victim Wahir Uddin. In due course trial was held and the appellant and another were found guilty und......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......ce Station Badda, Dhaka was alleged to have been murdered by the appellants which gives rise to this case. 3. The prosecution case, as appears from the evidence of P. W. 1, is that his son, victim Mukti was called away by his friend acquitted accused Sharif at about 7-30 pm on 20-3-2000 fr......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....al mind while admitting the accused on pre-arrest bail, inasmuch as, the accused has practically admitted the allegation of rape by taking the pica that he has married the victim, who is admittedly a minor girl. The statements made in the petition sufficiently indicate that the accused has abducted ......terim anticipatory bail for a period of 4(four) months in respect of an offence punishable under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 3. It is alleged in the FIR that victim Sumaiya Akhter, aged about 14 years, a student of class VII, has been abducted and subjected ......d while admitting the accused on pre-arrest bail, inasmuch as, the accused has practically admitted the allegation of rape by taking the pica that he has married the victim, who is admittedly a minor girl. The statements made in the petition sufficiently indicate that the accused has abducted a mino..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....ord and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-opposite party to gift the suit land to her nephews depriving her minor child…………(21 & 22) Cases Referred to- 19 BLT 5......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....this regard, the following expression of BK Mukherjea, J in Aswini Kumar Ghose Vs. Arobinda Base [AIR 1952 SC 369, P-383] is pertinent to be mentioned here: "Punctuation is after all a minor element in the construction of a statute, and very little attention is paid to it by English C......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......urt Division clearly shows non-application of judicial mind for imposing a lesser sentence though it was a case of gruesome double murder of two Inmates of a house by the maid servant, where one victim was a prospective doctor and the other was a Government College teacher and if the lesser sen......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
.... as far as dimension, hull and engineering, seamanship gears, navigation equipment, sensors and combat system, weapon and armament, communication and EW, stores and amenities including training, with minor observations. 23. Hence, the committee recommends for acceptance of the 4th lowest offer ......rn equipments and missiles system for the said frigate from other country. 15. The learned advocate for the petitioner further submits that the Informant initiated this proceeding to politically victimize the then Prime Minister, the accused No.1 and in doing so the accused petitioners have bee......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......gainst him; and continuation of such proceeding shall amount to sheer abuse of the process of the court. At the time of hearing it is informed by the learned Advocate that the accused-petitioner is a victim of circumstances and he used to reside abroad and intended to purchase the schedule prop......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......s connection, learned counsel has drawn our attention to the evidence of the informant Shah Sabdor Ali (P.W.3) and Nawab Ali (P.W.6). 4. The consistent case of the prosecution is that when the victim along with his brothers was returning home after working in their field, which is situated t...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......nt. The informant, who was the stepsister of the deceased, had illicit connection with the accused, who used to send money to her from Saudi Arabia, and with the help of hired people she had the victim killed with an ulterior motive to grab the money. 7. After close of recording of evidenc......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ...... for about 812 years and has suffered the pangs of death throughout this period. He further submits that it is apparent from the evidence on record that the petitioner had a previous quarrel with the victim due to the alleged incident concerning the victim’s granddaughter. He also submits that the......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
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