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Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......o go away. On the next day PW 2 heard that Rahmat's daughter‑in‑law died by committing suicide. P.W.3 heard that she was killed and hanged. P.W.2 did not then meet P.W.3. Each of them saw the victim hanging with her feet touching the ground and her head bent. In cross‑examination P.W.2 den......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....6.57. Mr. Selim while serving in the United Nations Economic Commission for Asia and Far East in Bangkok, Thailand met with an accident and died on August 25, 1964. He left behind as his only heirs a minor son, Irshad Selim and a minor daughter Akter Selim. His wife pre‑deceased him Mr. Selim bequ......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)

....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......89. On that date the complainant appellant filed Hajira of 4 witnesses including one Alamgir Sawdagar named witness in the complaint petition and Abdul Hashem Pakhija Khatoon and Asma Khatoon name as victim in the complaint petition. Out of the said four witnesses only P.W. 5 Pakhija Khatoon was exa......155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ..

Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......ing inside the hut along with her children; that at about 11.30 PM hearing hue and cry P.W.1 went to the house of Swarup and found him with his throat cut and he could not talk at that time; that the victim died before the arrival of the local doctor Raushan; that on query the two wives of Swarup to......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84

Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)

....he statements allegedly made by her to the police or to the Magistrate cannot be treated as evidence against the accused persons. 17. Over and above, none of the PWs said that the victim girl is a minor girl. So there is practically no evidence to prove the prosecution case. But still the learned......ey noticed that the accused was coming from the prostitute quarters with one girl named Rebaka who was weeping. On suspicion, the police party detained the accused and the girl. On interrogation, the victim girl disclosed that she was brought to Tan Bazar for selling to the brothel. The police party......stable No. 769 Md. Shamsul Alam (PW 2) and others went out on patrol duty in Tan Bazar area at about 10 PM. At that time they noticed that the accused was coming from the prostitute quarters with one girl named Rebaka who was weeping. On suspicion, the police party detained the accused and the girl...

Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99

Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)

....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..

Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......, evidently did not hear the row and lie had to be informed by PWs 2 and 3. The other reasons for disbelieving P.Ws.2 and 3 were that they could not Say 01C description 01' the land wherefrom the victim was dragged away and that the Doctor did not find my abrasion on the dead body of Abdul Hakim......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..

Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

....mistake or like grave e or has crept in earlier by judicial fallibility. A mere repetition through different counsel of old and overruled arguments, a second trip over ineffectually covered ground or minor mistakes of inconsequential import are obviously insufficient. The very strict need for compli......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)

....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......hiraj Chowdhury. In that altercation Victim Modeb was killed by a gunshot injury at about 5.30 AM on 26.6.88. On the next day a First Information Report was lodged by Mainuddin Faraji, brother of the victim against 15 persons including the present appellant Bakul Howlader. The primary allegation in ......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ..

Category: Criminal Law | Date: 20 May, 1990 | Hits: 100

Fazal & others Vs. State, 1990, 19 CLC (HCD)

....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......ned Additional District Magistrate for disposal of the case in accordance with certain remarks passed in the body of the judgment. 3. The prosecution case was that on 9.3.86 at about 6 PM as the victim Abdul Majid, son of the informant was returning home from the nearby Nayadighi Bus Stand, the......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ..

Category: Criminal Law | Date: 14 May, 1990 | Hits: 66

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......entenced to rigorous imprisonment for 5 years and to pay a fine of Tk. 5,000/‑ in default, to suffer rigorous imprisonment for one year. He further ordered that half of fine if realised be given to victim Kalachand. 2. Prosecution case may briefly be stated thus:‑ On 10‑6.84 at about......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)

....Station alleging, inter alia, that they purchased 1.07 acres of land by 7 registered deeds from appellant Nos. 8-11 between 14th February, 1983 and 24th June, 1984. Appellant No. 8 Haripada Mandal, a minor, was represented by his natural guardian, mother Falani Bala. Subsequently on 2-12-1986 appell......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..

Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114

Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)

....sion No. 375 of 1986. 2. Respondent No. 1 lodged a First Information Report with Boalia Police Station, Rajshahi alleging that on 30.6.85 at 11-00 AM. One Md. Aslam Sarker forcibly kidnapped his minor sister, the appellant, on her way to school and was wrongly confined against her will and was ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..

Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....r people of the village searched for her at different places. Ultimately, from some people he came to know that accused Nawshed Bepari and Wahab Bepari and other people of bad character took away his minor daughter through fear and in­ducement and she was kept in their custody against her will. It ......separate judgments in two cases. 3. Before discussing the prosecution case it may be mentioned that against the aforesaid judg­ment of acquittal the present appellant (being infor­mant-father of victim girl) preferred an appeal before this Court being Criminal Appeal No.55 of 1989 within time u......e judgments in two cases. 3. Before discussing the prosecution case it may be mentioned that against the aforesaid judg­ment of acquittal the present appellant (being infor­mant-father of victim girl) preferred an appeal before this Court being Criminal Appeal No.55 of 1989 within time under se..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....cult to rely on the alleged certificate............. (11) In this case the petitioner has totally failed to prove by adducing any independent and reliable evidence that his daughter (detenu) was minor at the relevant time excepting his statement………………&h......nt time excepting his statement…………………..(15) In a habeas corpus case like the present one their Lordships were of the view that if the age of the victim girl is not found less than 16 years, then father/ guardian will not be entitled to claim her...... (10) The Headmaster of Chapair (West) Primary School gave a certificate regarding the age of the detenu, which has been given on a plain paper but not on any school pad. No date of birth of the girl was given there, it is very difficult to rely on the alleged certificate............. (11) ..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....oner Meher Ali filed a petition for amendment of the plaint un­der rule 17 of Order 6 of the Code of Civil Procedure on the ground that the plaint of the suit was drafted hurriedly. Among various minor amendments it was prayed that in paragraph 16 of the present plaint in the 7th line the word &......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Ananda and others Vs. State, 1989, 18 CLC (HCD)

.... intention that the girl should be seduced or forced to illicit intercourse or be compelled to marry against her will. 13. Kidnapping is an entirely different offence. It consists of taking away a minor girl out of the keeping of her lawful guardian. This offence of kid­napping is not a continui......because the said is not supported by the evidence on record. In elaborating this point Mr. Karmaker submitted that the conviction of the appellant is based on the sole uncorroborated testimony of the victim girl who was herself declared hostile by the prosecution while she tried to protect another a...... the said is not supported by the evidence on record. In elaborating this point Mr. Karmaker submitted that the conviction of the appellant is based on the sole uncorroborated testimony of the victim girl who was herself declared hostile by the prosecution while she tried to protect another accused ..

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ...... the instant case. The learned Advocate has further submitted that there is no evidence to show that the condemned prisoners took the truck from Kalitola, Khulna through Bogra and that on the way the victim were done away with and they were buried at Boalgari by them and the truck met with accident ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152