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State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......un, wife of Tipu Sultan, and on the following morning on 14‑4‑1999 he became aware that Anjuara Khatun stayed in the house of Mizanur Rahman (P.W.5) and he along with other persons caught hold of accused Anjuara Khatun and accused Arjuara Khatun in presence of all divulged that she struck on thr..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ......is the sister‑in‑law (brother's wife) of the condemned-prisoner. She stated that at the time of occurrence she along with her mother‑in‑law Shefali and Shalema sat for taking support that accused. Nazrul came there and inflicted axe blows to Shalema from behind that she raised cry, when ..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ......t the aforesaid order of conviction and sentence the respondent preferred Criminal Appeal No. 2013 of 1992 and the same was allowed by a Single Judge of the High Court division thereby acquitting the accused respondent from the said order of conviction and sentence. Leave was granted in the foll..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

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. ....... 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 news at about 5.00 PM. He went to the house of accused persons and found none in the house. He found the dead body of Shamima. Neighbours told that..

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

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

....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ...... the condemned prisoner also guilty under sections 326 and 307 of the Penal Code but did not pass any separate sentence. The learned Additional Sessions Judge by the same judgment acquitted the other accused. 2. Prosecution case, in short, was that on September 16, 1995 in the morning the condem..

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

Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ......2, as informant lodged a first information report alleging, inter alia, that she is a lecturer of History of Eden Girls College Dhaka. That after she conceived she had been under the treatment of the accused petitioner No.1 Dr. Hafizur Rahman, the owner of Mother and Child Care Centre and as per his..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......C Section 265C of the Code of Criminal Procedure enjoins a duty upon the Court, to consider the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the prosecution to come to a considered finding that there is no sufficient ground for p..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

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. ......rs attacked them. (Monir and others). Monir was seriously assaulted and he sustained grievous injuries on his persons. Syed Chainul Islam, Chayan (PW 4) also sustained injuries, at the. hands of accused persons. Condemned prisoner Ershad Ali Sikder pressed on the chest of Monir (PW 3). Monir wa..

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

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......omicidal in nature. e. Evidence of PW 2 Naher Begum, PW 3 Jitendra Nath Biswas and PW 4 Monika Biswas. Evidences of PW 2, PW 3 and PW 4 demonstrate that PW 6 Shirajul Sheikh went to the house of accused and from there came to hospital. f. Rehana Begum died in hospital following washing of..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

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. ...... "The phrase "the principles of natural justice" can only mean in this connection the principles of fair trial. A provision for an inquiry necessarily imports that the accused should be given a chance of defence and explanation. This was done by the Domestic Tribuna..

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

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

....mit­ted charge‑sheet under section 6(1)/14 of the Nari-o‑Shishu‑ Nirjatan (Bishesh Bidhan) Ain, 1995 against the present appellants. At the initial stage the appellant Foran was absconding but before the trial started he voluntarily surrendered. Then 6 (six) prosecution witness......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 returning home and accused Foran ..

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

Jashimuddin Vs. State, 2004, 33 CLC (AD)

....cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ..................Respondent   Judgment October 26, 2003.  The Code of Criminal Procedure, 1898 (V of 1898), Section 342  Since the accused petitioner has admitted his guilt not examination under section 342 is required while conv..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

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

....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. ......dated 7‑9‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal at Comilla (refusing petitioner's narajee petition and thereby accepting the FRT submitted by the police and discharging the accused) in Nari‑o‑Shishu Case No. 213 of 2002 should not be quashed and/or such other or furthe..

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

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......it and daughter of the deceased shebait falsely executed the deed herself being neither the shebait nor the daughter of the shebait committed offence under section 464 of the penal code. The other accused participated in making such deed committed offence under section 463 of the penal code and ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

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. ...... Waliur Rahman Khan, Assistant Attorney General ‑ For the Respondent ‑ State. Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14‑10..

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

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

....terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ......nt  Judgment May 28, 2003. The Evidence Act, 1872 (I of 1872)   “There is  no bar in convicting and sentencing an accused under two different sections of the Penal Code”, …………&hel..

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. ......ade under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14)  Lawyers Involved:  A..

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

Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)

...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......ting the Magistrate, Cognisance Court No.2, Habigonj to file a case under section 17(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 against the informant for initiating a false case against the accused persons of the case. 2. The appellant namely, Md. Nurul Haque, lodged a petition of com..

Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126

Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)

....er section 561A of the Code of Criminal Procedure for quashing of the complainant case. The learned Metropolitan Magistrate refused to take notice of the application, declared the convict respondents absconding, framed charge against them under section 138 of the Negotiable Instruments Act and fixed......l Procedure. The High Court Division also found that such unusual haste in framing charge and examination of witnesses within few days had given latitude to the prosecution at the disadvantage of the accused persons. The High Court Division further observed that as an application under, section 561A..

Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88

Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)

.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......de. 2. Prosecution case, in short, is that appellant was the chairman of project committee for the develop­ment of the field of a school and for filling up of a pond and a ditch, the other 2 accused (since acquit­ted) were members of the Project committee. It has been alleged by the pro..

Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158