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State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....y. Where the object of the unlawful assembly was found to be only the giving of beating to certain persons and the highest offence which members of such assembly knew to be likely to be committed was grievous hurt, in the absence of evidence of any special intention or knowledge, members of such ass......rred and blackish caused by gun shots. He also examined Chan Mia and found 6 gunshot injuries. He also found one abrasion on the left side of his chest. In his opinion the gun shot injuries specially injury Nos. 4 and 5 are the cause of death of Azimuddin which are ante‑mortem and homicidal in nat..Category: Criminal Law | Date: | Hits: 111
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......ed and blackish caused by gun shots. He also examined Chand Mia and found 6 gun shot injuries. He also found one abrasion on the left side of his chest. In his opinion the gun shot injuries specially injury Nos. 4 and 5 are the cause of death of Azimuddin which are antemortem and homicidal in nature..Category: Criminal Law | Date: | Hits: 68
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....of charges vitiating the trial. 13. Section 460 of the Penal Code reads as follows: "All persons jointly concerned in lurking house trespass or house breaking by night punishable where death or grievous hurt caused by one of them." "If, at the time of the committing o lurking house‑trespa......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......cused Mogal fired another shot from his rifle whereupon the informant party had dispersed and then the accused persons departed from the place of occurrence. Shahabuddin was found lying with bleeding injury and subsequently he died. The case was initially investigated by the police of Raipura Police..Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512....... saw both appellants Shahjahan and victim Sarwar to talk with each other immediately before the occurrence. But sometime after return from the bath room she saw victim lying dead on floor with bullet injury. But it is not known why she did not disclose to neighours the fact of presence of condemned ..Category: Criminal Law | Date: | Hits: 93
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......vision by passing the impugned judgment and order of acquittal failed to consider that the victim died while she was living in the house of her husband and that the medical evidence proved marks of injury on her person and as such the impugned order of acquittal cannot be sustained in law." 8. ..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......ditional Sessions Judge and the High Court Division and the evidence of P.W.12 who proved the autopsy report of the victim. This witness found four injuries on the person of the deceased, of hem, the injury no.1 is due to bedsore, the injury nos.3 and 4 are scar marks on the scapular and right thigh..Category: Criminal Law | Date: | Hits: 71
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......aintiff made an attempt to assault defendant No. 2 with the said paper weight the Officers present then quickly intervened and stopped the plaintiff asking him to refrain from inflicting any physical injury on defendant No. 2. Defendant No. 2 got frightened at such behaviour of the plaintiff and out..Category: Employment/Service Law | Date: | Hits: 108
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......doctor who held post‑mortem examination. The doctor, of course, could not give any definite opinion at the initial stage but on exchange of several letters the witness obtained his opinion that the injury caused on the deceased was antemortem and the death was of homicidal nature. On completion of..Category: Criminal Law | Date: | Hits: 116
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......d No. 3 after Ajan and at the time of Munajat said that Imam Mehidi be placed at highest place of honour. The accused persons willingly and consciously have distorted Kalema, Darud and thereby caused injury to the religious sentiment and feelings of the Muslims. The complainant himself and through o..Category: Criminal Law | Date: | Hits: 70
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......if. On being informed by a rickshaw puller Rajab Ali the informant went to the place of occurrence and found the dead body of Tutul in the Urinal. The tongue of Tutul was protruded. There was mark of injury in the neck. The informant having heard about the occurrence from his son Hasan suspected tha..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......ing in the western bank of the Lank of Messers Paul Choudhury. On getting this information the informant Omar Ali rushed to the place of occurrence and found the dead body of the victim with multiple injury on his person. The informant Omar Ali suspected the appellants to be murderer of his son Tapu..Category: Criminal Law | Date: | Hits: 67
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
....tted charge sheet accusing the accused. 13. P.W.12 Dr. Arun Chandra Mondal, deposed that he examined the victim Pushpa Rani Barai and found nine classes of injuries. He opined that the hurts were grievous in nature. 14. These are all, the evidence on record adduced by the prosecution in suppo...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ..Category: Criminal Law | Date: | Hits: 74
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......the suit by way of amending the, plaint cannot be treated as barred by any law. In the case of Azizun Nessa Khatun Vs. Abul Hossain Bhuiya and others reported in 9 DLR 559 it is held: "Whether the injury complained of is complete on a date, there is no continuing wrong even though the damage caus..Category: Administrative Law | Date: | Hits: 189
Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)
....e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ......argo of M/s. Barkat Ali at Jetty No.7 on January 7, 1967. As a result of the accident there was compound fracture with dislocation of left ankle with gangrene and tetanus. He died as a result of such injury in the Chittagong Medical Hospital on February 8, 1967. The opposite party was aware about t..Category: Labour and Industrial Law | Date: | Hits: 98
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....afa, Mofiz and Afaz for killing Shamsul Huq and framed charge under sections 302/114 of the Penal Code against Sattar alone and under section 326 against 3 accused namely, Mokles, Kuddus and Asad for grievously injuring Shamsuddin and charge under section 324 of the Penal Code against accused Babul ......ur own verification of the said evidence of the 4 eye‑witnesses namely, PWs 1, 3, 4 and 5 with the evidences of PW 6 Dr. Nani Gopal Bashak who had held the post mortem examination, we find that the injury No. 2 namely, the penetrating wound on the middle of the back of the left side of the chest 1..Category: Criminal Law | Date: | Hits: 61
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ...... of his son‑in‑law at village Shihipasha and found the dead body of Momtaj Begum lying inside the house covered with a wrapper. He further said that he saw blood coining through her nose and also injury marks on her head, nose and sides of the face. He further deposed that he also found that the..Category: Criminal Law | Date: | Hits: 81
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......erson, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or an annoyance to the person to whom the force is used, is said to use criminal force ..Category: Criminal Law | Date: | Hits: 59
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......intiffs and started construction of building in the Suit land which will change its nature and character. If the defendants are allowed to construct the building they will suffer irreparable loss and injury. It is an admitted position that the suit land contains 50 decimals. It is further admitted t..Category: Property Law | Date: | Hits: 59
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....punishment and this is the time for penitence. Moreover, the injuries on Arun's body are on the non‑vital parts of his body indicating that the accused appellant had not the intention even to cause grievous hurt but they atrociously and systematically inflicted serious painful injuries on the non-......the Court of Chief Metropolitan Magistrate and he in his turn had sent him to hajat but the authority of the Dhaka Central Jail refused to receive him as Arun was found to be seriously injured but no injury report was accompanied with the custody warrant. Thereafter Arun was sent to the Magistrate's..Category: Criminal Law | Date: | Hits: 87