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Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....ss of search and seizure holding it to be unworthy of credit.........................................(44) Minor discrepancies are not material since they occur due to individual differences. Where minor discrepancies, not going to the root of the matter, are found in the evidence of natural and p...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....the execution of the deed of the defendant, the land which was purchased by the plaintiff from 3 daughters of late Haidar Ali was sold out by the mother of 3 daughters in the year 1968 when they were minor. Next he submits that both the Courts below concurrently found that plaintiff claimed the suit......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......al No.210 of 2006, Criminal Appeal No.2245 of 2006 and Jail Appeal No.329 of 2006 and Criminal Appeal No.4972 of 2006 and Jail Appeal No.209 of 2006 are allowed. Taking away of any booty from the victim or informant is not any precondition of dacoity rather an attempt in committing dacoity is al......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....ent thereof, during relevant period nor subsequent to the same. No appropriate authority challenged the impugned certificate proceedings. Mere irregularity for non observance of any procedural law or minor anomalies of facts do not render the proceeding null and void as a whole. Stranger like plaint......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......lso submits that source of informant about the occurrence was according to P.Ws.3, 4 and 5, said full brother Amir whose nonproduction and non-examination cuts the connecting links. He submits that victim slept alone in his ghar as his wife was in the father-in-law's house as per first information......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....n 2 of the said Ain, the words প্রলুব্ধ করিয়া বা ফুসলাইয়া have not been defined. Section 361 of the Penal Code has defined the offence of kidnapping of a minor or a person of unsound mind from lawful guardianship and has used the word "Entices" in that s......ed for standing on dock. Some are acquitted by the Court of first instance and some by appellate Court, but only after having been in incarceration for years. Such efforts on the part of relatives of victim and other interested persons invariably is done and thus it becomes difficult on the part of ......that the victim was 15/16 years of age at that time. During cross-examination, he declined to have submitted false medical report. 18. P.W. 7, Abdul Mannan Khan, only says that he found an unknown girl near his house at 7-30 PM on 13-10-1999 and on enquiry the girl had informed him that she had c..Category: Criminal Law | Date: | Hits: 74
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....atpur and prayed for a decree of maintenance. The suit was decreed with a direction that the present petitioner shall pay Taka 500.00 per month to opposite party No.1 and Taka 300.00 per month to the minor child on account of maintenance for 19 months totaling Taka 15,200.00. 3. Being aggrieved b...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......, Magistrate. He also stated that R. M. O. of Dinajpur Sadar Hospital presented a petition to Deputy Commissioner, Dinajpur for deputing a Magistrate for the purpose of recording Dying Declaration of victim of crime Ajoy and the petition was seized and he was a witness in seizure of the petition. ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....sses and for examining Chand Ali though he was not named in the FIR and also for examining Ful Miah who is neither named in the FIR nor in the charge‑sheet. Learned Sessions Judge also noticed some minor discrepancy in the evidence of the witnesses. It further appears from the impugned judgment th......W.1 Bachu Miah, father P.W.5 Chand Ali purchased 0.24 decimals of land of plot No.1545 with three huts thereon and while they were in possession of the said property on 18‑2‑85 at about 7‑30 AM victim Shafiqur Rahman, brother of the informant saw the accused persons putting up fencing on the s......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......re blood injuries, when he and his wife went to rescue him, the other accused persons inflicted several injuries on them and the accused persons snatched away Tk.10,000/- from his son. Thereafter the victim Majedul, niece Abeda Begum were taken to the Upazila Health Complex and doctor transferred to...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ..Category: Criminal Law | Date: | Hits: 87
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......chool. The informant sent a message to the Officer-in-Charge who hurriedly came to the place of occurrence and on interrogation accused Mirza Alias Mizan admitted that he along with co-accused killed victim Jahangir and his arms was lying with shopkeeper Abdul Matin of Jhowbari. Instantly the inform......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..Category: Criminal Law | Date: | Hits: 65
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....2373, 390-100-9761 and 390-100-4336. On the inquiry, the Deputy Commissioner of Taxes found that all of them belonged to a Hindu joint-family, that they were also joint in mess and that the sons were minors. 14. He was also of the view that in an undivided Hindu family, the wife was not entitled ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
.... a man of harsh character and she was not given any money to meet her expenses. Ultimately, the defendant No.1 in connivance with his brother and brother's wife drove away the plaintiff No.1 with her minor son on the plea of non-payment of dowry. She was then pregnant. She took a rented house and re......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
....t after marriage the accused No.1 at the instance of other accused persons demanded dowry of Taka 50,000.00 on 25‑1‑91. The accused persons started beating her and subsequently she along with her minor daughter, Liza Akhtar were sent to her father's house. Subsequently on 26‑7‑91 the accused...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ..Category: Procedural Law | Date: | Hits: 120
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslaught perpetrated upon any victim. Innocent persons, including aged, infirm, rivals including political rivals, are booked for ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......Medical Officer stated the injury caused was grievous in nature but we find there was no fracture, no disfiguration and no dislocation of bone. The injury caused did not even endanger the life of the victim. So we find that injury No.1 does not fall within any of the categories enumerated in section...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......solute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/harassment must be treated as direct and in our social c......me Court in the case of State of Maharashtra Vs. Chandraprakash Kewalchand Jain, AIR 1990 SC 658, while dealing a rape case observed, "Courts must also realize that ordinarily a woman more so a young girl will not stake her reputation by levelling a false charge concerning her chastity (at p.665)". ..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......sses in this case but defence examined none. The learned Sessions Judge after having carefully scanned the evidence on record came to the finding that appellant did not have intention to murder the victim Khushala Maya Rani but appellant did have knowledge, that the act done by him is likely to ca......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......e of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of the plaintiff and other relevant matters such as "age, be..Category: Family Law | Date: | Hits: 246
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....4 persons have been convicted and sentenced amongst whom one Abul Hashem has been sentenced to imprisonment for life was tried in absentia. The other co‑accused who were convicted and sentenced for minor offence preferred Criminal Appeal No.56 of 1989 before the erstwhile High Court Division at Co......h is dangerous for the society. The Police personnel while executing any warrant must be cautious and careful in apprehending an accused person so that no innocent person is harassed unnecessarily or victimised in any way for no fault of him. We are of the view that Md. Afsar ASI in‑charge of Haji...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..Category: Criminal Law | Date: | Hits: 88
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