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State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....Megha by the south‑east of Molla's house, in Laxmikot mouza, all the condemned prisoners suddenly attacked Shamsu Sikder and indiscriminately assaulted him by wooden piece, iron rod, etc and caused grievous injuries in different parts of his body. On hearing hue and cry of Shamsu Sikder the inform......ent, PW 1 took him to Tangail Sadar Hospital. PWs 2, 3, 4 and 8 also stated as such, but none of the witnesses stated specifically the individual overt Act of the condemned prisoners as to who caused injury and on which part of the body of the victim and by what weapon. PW 1 also stated that he was ..Category: Criminal Law | Date: | Hits: 36
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......the Penal Code defines the offence of forgery in the following language; Penal Code: "Section 463: Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....ered into the park and came in front of the deceased. Accused Almas shot to the chest of the deceased with a firearm causing bleeding injury. Accused Aurango shot to his right abdomen causing another grievous injury. The deceased ran towards east to escape. At that moment Taha, Khaja and Sohrab shot...... Almas, Aurango alias Anga, Taher alias Taha, Khaja and Sohrab entered into the park and came in front of the deceased. Accused Almas shot to the chest of the deceased with a firearm causing bleeding injury. Accused Aurango shot to his right abdomen causing another grievous injury. The deceased ran ..Category: Criminal Law | Date: | Hits: 40
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....as public servants. The prosecution failed to produce medical evidence of the injuries of PW 5, 7 and 8 to prove the charge of section 333 of the Penal Code. Under this provision, a person who causes grievous hurt to a public servant can be convicted under three circumstances : (a) when grievous hur......opan two bombs were recovered. The other dacoits firing and detonating bombs aiming them retreated. The informant sustained injuries on right hand and face by gun shot, the appellant Khokan sustained injury on his head with the splinters of bomb, Constables Idris (PW 8), and Abul Hossain, (PW 11), a..Category: Criminal Law | Date: | Hits: 90
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......en bank loans and failed to repay the same should be strictly dealt with and unless this Court discourages such non-repayment of bank loans, then the bank loan defaulter culture will continue causing injury to the country and the society and, as such, he submits that the names of the petitioners wer..Category: Banking Law | Date: | Hits: 124
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......on by the Administrator in section 57. Underlining implied limitation must not also be forgotten that the law was never intended to validate a transfer even with sanction, which ultimately results in injury, waste or loss of the waqf. 25. The preamble of the Ordinance has made it clearer. The pre..Category: Trust/Waqf Law | Date: | Hits: 228
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......hat although the rape is alleged to have been committed on 15-2-2002, no information of any kind was filed with any authority until 19-2-2002 and at no point in time was there any allegation that any injury was inflicted upon the victim during the course of the alleged rape. He further pointed out t..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......W 3 Peyara Begum is the sister of the victim who also stated that the victim was mentally unsound and thereafter narrated the entire occurrence exactly as it has been stated by PWs 1 and 2. She found injury on the body of the victim. 18. In cross-examination by the State defence she denied t..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....that section 29 of the Act has made the provision of the Code applicable only so far they are not inconsistent with Provision of Act and in view of legislative intent to impose extreme punishment for grievous offences to prevent those offences the concessionary provision of punishment as provided in......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......ion 3 of the Explosive Substances Act by the Special Tribunal. Section 3 of the Act provides that any person who causes by explosive substances of a nature likely to endanger life or to cause serious injury to person or property shall be punishable. In the present case, the action of the accused exp..Category: Criminal Law | Date: | Hits: 30
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......g him. PW 7 being tired had his sleep and his brother Rana went to search his mother but could not find her. On the following morning PW 7 with his family members saw the dead body of his mother with injury lying in front of residence of Taher Shaheb. PW 7 called his father who lodged FIR regarding ..Category: Criminal Law | Date: | Hits: 29
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345....... mentioned here first. Evidences show that PW 56 SI Tota Mia went to the Dhaka Medical College Hospital Emergency Department, on getting information about recovery of an unidentified dead body with injury marks and he at first lodged first information report under section 302 of the Penal Code wit..Category: Criminal Law | Date: | Hits: 109
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......ption practised upon him, he does not know the contents of the document or the nature of the alteration. 463. Whoever makes any false document or part of a document, with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to p..Category: Criminal Law | Date: | Hits: 28
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......es of grown up women who are able to resist. In the instant case, the victim is a grown up lady and there is absolutely no evidence on record of any struggle having taken place, nor were marks of any injury found on the person either of the complainant or of the accused. We therefore, hold that rape..Category: Criminal Law | Date: | Hits: 38
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....n from proceeding beyond certain circumscribing limits, is said wrongfully to confine "that person." 23. Whereas section 387 provides punishment for extortion, putting a person in fear of death or grievous heart. Section 387 PC is as follows: whoever, in order to the committing of extortio......an seven years, and shall also be liable to fine. Extortion is defined under section 383 of the Penal Code which is as follows: Section 383: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to..Category: Criminal Law | Date: | Hits: 38
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......d persons caught hold of Kanchan and started beating him. At that stage he tried to save him but failed. The accused persons took deceased Kanchan towards the house and accused Shahjahan inflicted an injury on the body of Kanchan. Thereafter he was taken inside the house of Sadek and was beaten and ..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ll. So the learned Advocate submitted that in the facts and circumstances of the case the petitioners ought to be added as parties to the proceeding, otherwise they will suffer irreparable loss and injury. 8. We are unable to accept the contention of the learned Advocate for the petitioners. In..Category: Property Law | Date: | Hits: 54
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......gers, Rajah Ali opposed and he was done to death by a dagger blow by accused Md Rafiqul Islam alias Gadan and the passenger Baten Master was also seriously injured and other passengers also sustained injury. The informant, father of Rajah Ali, lodged the First Information Report whereupon investigat..Category: Criminal Law | Date: | Hits: 38
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....ct is binding upon this Court and should be followed. 22. In Corpus Juris Secondum Volume 21, Paragraph 193 at page 322 it is stated: Previous decision should not be followed to the extent that grievous wrong may result; and, accordingly, the Courts ordinarily will not adhere to a rule or prin...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......ce his avocation on the day of the bundh. We are inclined to the view that the call for a bundh implies a threat to the citizen that any failure on his part to honour the call, would result in either injury to person or injury to property and involves preventing a citizen by instilling into him the ..Category: Constitutional Law | Date: | Hits: 216
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