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Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......l the appeals and the Death Reference have been heard together and are disposed of by this consolidated judgment. 3. The prosecution version of the case, in short, is as follows:— The victim Nasima was married to the accused Syed Abdullah Al Masud @ Tipu and both of them were the emp......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....r Assistant Commissioner is an officer assigned to look after the vested property and there is nothing wrong if he issues a notice on behalf of the office of Deputy Commissioner. Even if there is any minor irregularity in service of the impugned notice, it will not vitiate the notice. Mr. Quamrul fu......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....of murder of his wife. It was also contended that in view of medical evidence which proved that the victim sustained multiple injuries which caused her death, it was not possible on the part of a minor boy like Belal to cause her death and that the High Court Division totally ignoring this asp......inal Procedure……………………(5) Initial burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. If the prosecution has failed in discharging its burden of proving ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... of murder of his wife. It was also contended that in view of medical evidence which proved that the victim sustained multiple injuries which caused her death, it was not possible on the part of a minor boy like Belal to cause her death and that the High Court Division totally ignoring this aspe......orates the injuries.……………………(5) Burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. As regards the initial burden, the views expressed by the High Cour...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... submits that respondent No. 4 has registered a criminal case against respondent Nos. 5, 8 and others under Sections 323/325/354/114/343 and 506 of the Penal Code upon receiving an F.I.R. from the victim on 21.10.2012. It is his contention that from a plain reading of the said F.I.R the offence,......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......t, these have been heard together and are being disposed of by this judgment. 4. The prosecution case as projected in the first information report (briefly as FIR) and unfurled at trial are that victim Abdul WahabKarigor (since deceased) elder son of Md. Karam Ali Karigor (P.W.1) of village Has......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......n whether the Tribunal has committed any illegality or abuse of process of the law in passing the judgment and order of the conviction and sentence. 10. P.W. 1, Most. Rosy is the complainant and victim of the case. During her examination in chief, she supported her petition of complaint. In her...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......case was thereafter transmitted to the Court of Special Judge and Additional Sessions Judge (3), Dinajpur for disposal. 4. At the time of trial the prosecution examined 8 witnesses including the victim informant and of them one was tendered and prosecution witnesses Nos.2-4 were declared hostil......at she did not know the informant. The prosecution declared this witness hostile and cross-examined her. In cross P.W.4 stated that petitioner Nazrul Islam came to her residence along with a ten aged girl and left her residence on the following day. 14. P.W.5 Mst. Rasheda Khatun stated in her e..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......f the aforesaid deposition of the witnesses, it appears that the recovery of the alleged arms and ammunition was not been proved in Court by the seizure list witnesses, the accused-petitioner was the victim of grudge of the member of raiding party, the private witnesses have categorically deposed &m......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Tapan and others Vs. State, 2012, 41 CLC (AD)
....ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ions are dismissed. Though there were sufficient evidence against the petitioners in support of the charge, it is not clear from the materials on record that all the petitioners have shot at the victim or that who is responsible for the cause of death. The evidence in this connection is superfi......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....need to be declared as pre-qualified by the purchasing entity (the BTCL) and, in order to ensure the participation of a minimum 3 companies, the purchasing entity (BTCL) can also allow companies with minor deficiencies as prequalified. Rule 93(11) strictly ensures participation of a minimum of 3 Pre......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....not state that the appellant Titu threatened him on many occasions. In the majority opinion, my learned sister noticed the inconsistent statements of P.Ws.5, 6, 7, 17 but observed that those are minor omissions. With due respect, I am unable to agree with her opinion in view of the fact that th...... by setting-aside the judgment and order of acquittal passed by the trial Court has been called in question on the ground that there is no legal evidence in support of the charges. 3. Admittedly victim Jibran was murdered on his way home back from office on 9th June, 1999 at about 5-30 PM.......an told him while he was consuming heroin in the house of Aleya Begum (PW 5) that an Indian citizen should be given a lesson since he had maintained illicit relationship with Samanja, Titu's girlfriend, he did not disclose this fact in his earlier statement made before Magistrate, Exhibit 3..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....;s husband was his trustworthy person and, as such, he acquired the property in the name of defendant's father. Since the defendant No.1 knew nothing about the purchase of the suit land as he was minor and Since the evidence on record supported the possession of the plaintiff I have no hesitatio......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......nizance Court No.1, Moulvibazar, under Sections 364/34 of the Penal Code alleging inter alia that on 07.06.1999 at about 5.00 p.m. the accuseds named in the petition of complaint informed Mosonullah, victim of the case, that Settlement field Ammen was in the house of Arfanullah. With a bonafide beli...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......pellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. 2. On a First Information Report lodged by P.W.1 Abdul Mannan Mr.idha brother of the victim Meherpur PS Case No.13 dated 22-9-1996 corresponding to GR Case No.228 of 1996 was started ag......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......ed the death sentence of the other accused Md. Mokbul Hossain alias Mokbul to imprisonment for life. 4. The prosecution case, in short, was that on 18.10.2001 at about 5.30 Md. Fazlul Haque- the victim went to Monigram Bazar from his house at village-Balihar under Police Station-Bagha at about ...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....ered the evidence on record, the confessional statement as well as the statement recorded under section 342 of the Code of Criminal Procedure, we are of the view that the condemned-prisoner was not a minor at the time of commission of the offence. Therefore, he was not entitled to avail of the provi......l Appeal No. 610 of 2005 accepting his reference and dismissing his jail appeal. 2. Facts, leading to the jail petition, in a nutshell, are as follows: On 13.05.2005 at about 5.30 p.m. the victim Emran Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Man......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......ve the time of custody, they resort to dacoity as their only means of subsistence. In dacoity cases when bail matters are taken up, apart from the question of law and order, emerging jurisprudence of victim's right immediately Crosses the judicial mind. General considerations and principles of b...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ion Bench-3, Dhaka (the Tribunal, in brief) stating that the Commissioner of Appeal was not legally justified in confirming major disallowances of the DCT and allowing a partial relief from some minor heads; that additions of Taka 7,37,000 under section 30(a) of the Ordinance was a wrong calcul......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
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