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Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....is heirs: 1(a) Md. Moyezuddin Vs. Ekram Mia Chowdhury, 7 MLR (AD) 7 = 54 DLR (AD) 7; Additional Deputy Commissioner (Revenue) Vs. Abdur Rashid, 5 BLC (AD) 76; Narayan Chandra Dey Vs. Ali Azam Sarder (minor), 1 BLC (AD) 185; Niropoma Ritchel Vs. Md. Abdul Jalil Mea, 41 DLR 467; Akrab Ali Vs. Zahirudd....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......sed appellants beyond reasonable doubt. He then submits that the informant as P.W.1 being the eyewitness of the occurrence proved the prosecution cast and he was corroborated by other P.Ws. including victim as P.W.2. He finally submits that the charge was properly framed against the accused appellan......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....ember 24, 2004. Result: The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecution but minor discrepancies in the evidence will not make the prosecution case doubtful. Discrepancies are o......prepared seizure list in presence of Obaidul Haque (P.W.4) Rafizuddin Khan and Abdul Jabbar (P.W.5). The other co-accused succeeded to flee away from the place of occurrence. The police also sent the victim Mohammad AH, accused appellant Ful Mia and accused Shahidul Haq to the Sarankhola Thana Hospi......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ..Category: Criminal Law | Date: | Hits: 79
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....itioner. No one appears-For the opposite party. Civil Revision No.568 of 2004. Judgment Md. Ruhul Quddus J.- This Rule at the instance of respondent-petitioner Sharmin Akhter, mother of a minor boy was issued on an application under section 115 of the Code of Civil Procedure to examine t......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......lainant had first of all informed her of the occurrence as long as six months after the occurrence and this only indicates the guilty conscience of the complainant herself. Had she been an innocent victim she would not have made secret about the occurrence for as long as six months. P.Ws.4, 5, 6 a...... have already noted the prosecution case did not at all represent that the accused deceitfully induced the complainant to a belief of lawful marriage. In our country even in the rural society every girl understands as has the elementary knowledge what a marriage is. For it is the uniform practic..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....in the Special Issue of Bangladesh Law Times 2006. 16. A leave petition filed with a view to challenge the said Judgment of this Division, was turned down by the Appellate Division, though certain minor modifications were infused into this Division’s Judgment. 17. It is the Petitioners’ em......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......ik are: a. He is absolutely innocent and he had no complicity in the Crime. He was in quite darkness about the explosion incident. He had been falsely implicated in the case. b. He has become a victim of political rivalry and conspiracy and he has been involved in the case just to spoil his po......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....used petitioner was unintentional, the trial Court shall have right to alter the charge from section 302 to section 304 part II of the Penal Code. It is easy to alter the charge from major section to minor section. But it is legally difficult to alter charge from minor section to major section witho...... person who voluntarily inflicts injury such as to endanger life must always, except in the most extraordinary and exceptional circumstances, be taken to know that he is likely to cause death. If the victim is actually killed, the conviction in such cases ought ordinarily to be of the offence of cul......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ely (1) Suchil,(2) Monindra (3)Sudhir (4) Nimai and one wife; that after death of Rajendra his heirs have been living separately; that at the time of death of Rajendra his son Nimai Chandra Roy was a minor who is the plaintiff of the instant suit and that when the plaintiff has been living separatel......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......legally rejected the same causing serious miscarriage of justice. 7. Mr. Sarwar Ahmed, the learned Advocate appearing for the accused opposite party Nos.1-6 opposes the Rule and submits that the victim failed to disclose that the accused beat her for the cause of dowry and the learned Judge of ...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Criminal Law | Date: | Hits: 177
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....sammat Rokeya Dil Afroz Munmun is lawful and whether she is entitled to go accordingly to her will and choice. 16. For determination of the above factor, it is be seen whether the victim girl is a minor or not and for that matter, determination of her age is vital issue. 17. Mr. Abdul Jalil th......Nirjatan Tribunal in the regard. In such matter the Court should avoid technicality. The High Court Division is empowered under 491 of the Code of Criminal Procedure, 1898 to set at liberty of the victim who is found to be detained illegally or improperly...................................(20) ......ts that mere reading of the order passed by the Tribunal are vague, indefinite, improper and lack of materials and that the accused Arif Khan did not commit any offence as alleged and that the victim girl was neither kidnapped nor abducted nor enticed away against her will and that she not being a..Category: Criminal Law | Date: | Hits: 176
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......o a proper decision in this appeal. 14. P.W.1, Jashimuddin Bachu, is the informant of this case who narrating the FIR case deposed that on 19.05.1998 a quarrel took place between his brother's son victim Aslam Ali and accused Altab Ali Bepari; that concerning this issue, the accused persons being......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
.... the Magistrate (P.W.9) were not true and voluntary, rather the same were extracted by putting them under torture by the police by keeping the appellants in illegal custody. 5) The appellants were minors and they were falsely implicated in the alleged murder of the victim Md. Rafiqul Islam at the...... of killing. Then on further search, the dead body of informant’s son was found in a floating condition near an island at a distance of 3½ kilometer from the place of killing. The dead body of the victim 3 Rafiq was lifted thereform and was identified by the informant. Thereafter FIR was lodged a......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......nformant in thana. He denied the suggestions that constable Saiful Islam took the informant to thana. This witness lastly admitted that the first information report stated that the accused killed the victim and suspended her dead body from the rafter. 22. P.W. 13 Dr. Md. Shahjahan Mia held the po......er stated that police came there and seized a piece of rope and he signed the seizure list. He proved his signature, Exhibit 3/3 appearing on the seizure list. In cross examination he stated that the girl hanged herself, that constable Saiful had an illicit connection with a lady of the locality and..Category: Criminal Law | Date: | Hits: 91
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......ategorically narrated the nature of injuries received by her, caused by the petitioners. It is pertinent to point out that there are glaring inconsistencies between the existence of injuries upon the victim (informant) as found by the doctor and her allegations about the injuries causedby the petiti......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..Category: Criminal Law | Date: | Hits: 95
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......on was reposed on Sub-Inspector Mozammel Haque who upon examining papers of investigation submitted the charge sheet being No.67 dated 12.06.1998 on the finding that the accuseds caused murder of the victim in connection with a dispute of erecting a hut by Dr. Saiful in Gunjipara bazer. 4. After ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ...... on seeing them (P.W.3) the woman started shouting that miscreants had snatched away her money and other belongings. Thereafter they (P.W.3) along with their officer got down from the vehicle and the victim woman said that the miscreants fled away through the northern side paddy field. Then they sta......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......made camp at the place of occurrence on that date and stayed there for about 3/4 months it is not a fact that all the witnesses are his near relation. He did not know whether any case pending against victim Kashem. He also did not stated to him about this. It is not a fact that Abul Kashem hunts dee......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......lathies came to rescue accused Azizure alias Aza and seeing them Aftabuddin tried to come back but getting him on the way, the accused persons caused him severe bleeding injuries on the person of the victim Aftabuddin who succumbed to such injuries. It is further stated that accused Mosahaque and En...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......ment of a specialist or whether he is cured in the meantime. His Advocate also could not enlighten us in this respect. 3. The Bench issuing the Rule opined that relying on the dying declaration of victim Jamila three appellants including the convict opposite‑party Abdul Momin Sarder were found ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
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