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Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....d in a cogent manner. Subject to the exception in section 105 of the Evidence Act where an accused pleads certain mitigating circumstances exist. Nevertheless, the prosecution must establish the charges beyond all reasonable doubt. The failure of the accused to bring his case within any of the......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....uty officer of the police station registered Patuakhali Police Station Case No.25 dated 24.3.2003 and filled in the formal column of the FIR. P.W.18 S.I. Md. Shahjahan was entrusted by the officer in charge with investigation into the case. During the course of investigation he visited the place of ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....e list, prepared sketch map of the place of occurrence with separate index thereof and after completion of the investigation and having found a prima facie case, the investigating officer submitted charge sheet against the accused persons under sections 436/302/427/34 of the Penal Code. 5. Af......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
.... sanction under section 3 or in breach of any terms and conditions subject to which sanction was granted by an order in writing stating reason thereof, direct the owner, occupier and/or the person in charge of the building to remove or dismantle the building or the portion thereof within such time......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....le up the matter but the Chairman failed to settle up the matter as a result 2(two) days' delay occurred in lodging the FIR. 5. Sharsha Police Station after investigation of the case submitted charge sheet against the accused-appellant along with others under section 6(1) of the Nari-o-Shishu......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....on to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable ...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....on some of the FIR named witnesses cannot be a manifestation that such witnesses were unwilling to support the prosecution case. The prosecution is not bound to examine all the witnesses cited in the charge sheet inasmuch as it is for the prosecution to decide how many witnesses will examine amongst...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....nding and the appellant Labu Mallik and Hashi Chowdhury (now dead) for the commission of the offence punishable under section 148/149/ 302/114 of the Penal Code and at the same time recommended to discharge other 7(seven) FIR named accused namely Md. Asgar Ali, Wazedur Rahman @ Liton, Motion, Morad,......s type of evidence which is not mutually consistent with each other cannot be the basis of conviction of any accused person. The learned Advocate goes to argue that to sustain the charge of abetment of an offence it is necessary to prove the overt act so as to suggest a pre-concert or com&..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....marked as Exhibit 1, 1(ka), 2, 3, 4, 4(ka) and the defendants' documents were marked as Exhibits Ka, Kha, Ga, Gha, Uma, Uma(1)-Uma(4), Cha, Cha(1) and Chha. 5. The learned Assistant Judge-in-charge Chitalmari by the judgment and order dated 17-1-1999 dismissed the suit against which the pla...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
....p;…………………Respondents
(Writ Petition No.5961 of 2004)
Judgment
March 12, 2007.
Result:
The Writ Petition No.3016 of 2004 is discharged and the Writ Petition No.5961 of 2004 is made absolute.
The statute Artha Rin Adalat Ai......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
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Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....2 of the Tenancy Rules, the authority has ample power to cancel the earlier order and can take fresh steps for the same. She further submits that under rule 44, director has also ample power to discharge all the functions of the revenue officer and as such the impugned Judgment and orders are no......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
.... persons are, also, trapped and brought in with ulterior and malafide motive. This places a duty on Courts/Tribunals to locate real offenders of sexual assault absolving innocent persons arraigned of charge of rape. Courts/Tribunals are, therefore, to address with such cases with proper approach, ci......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....ears on each count with a direction to run the sentences concurrently. This Judgment governs both these matters. 2. Appellants and the petitioner were put on trial before the said Tribunal to face charge under sections 19A and 19(f) of the Arms Act. Some of the accused persons, pleaded not guilty......of the Cr.P.C. covers the case. Under the said provision, the accused persons committed more offence then one in the course of same transaction or persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence, may be charged and tried together. Though the pip..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
....and key and also used to torture them inhumanly for which the children had to be admitted in the Hospital. On 23.04.1999 said Fatema Khairunnesa was arrested with her 2 (two) minor children on the charge of theft, thereupon the local police released the Children under the custody of the informan...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....ence from the neighbours. S.I. Md. Mesbahuddin of Jamalpur Police Station held investigation in the case and having found prima-facie case against the accused husband Md. Abdul Gofur alone, submitted charge sheet against him on 21.4.2003 under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, ......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....sequent to the admission of the appeals, an application was filed by Md. Kamruzzaman, Advocate praying for drawing up proceedings against the Investigating Officer for including Shah Alam Babu in the charge sheet instead of Sundar Babu, whose name had been mentioned in the First Information Report (......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....of section 69 of the Penal Code. It is further stated that since the Certificate case is pending before the General Certificate Officer the Rule has become infructuous and the same is liable to be discharged. It is finally stated that the General Certificate Officer issued a notice together with a c......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)
....as granted. 3. Mr. Md. Ozair Farooq, learned advocate, appearing for the accused petitioner, submits, that, the accused petitioner after granting of bail did not misuse the privilege of bail and charge has not yet been framed as such the accused petitioners, bail may be confirmed. 4. Mr. K......in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ..Category: Women and Children | Date: 25 May, 2006 | Hits: 26
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....ri Balika Bidda Mondir bearing date of birth of victim as on 20.5.1989 and Nikahnama of mother of the victim along with others were seized as alamots. 5. The police after investigation submitted charge sheet against accused Rabiul Hasan only with prayer to discharge 4 others accused persons. Th......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
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