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Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ......police station Kotwali, while he along with others was returning home after working from their field at Bara Haor towards the northern side of their house. Some of the witnesses had also sustained injuries. The learned Sessions Judge convicted all the appellants except the appellant No.5 Shamim ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....e trial Court had jurisdiction to reopen a disposed of case nor was there any element of entrustment in the loan transaction between the parties to invoke penal provision of section 406. It is a simple case of dishonour of cheque falling under section 138 of the Negotiable Instruments Act. But ...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ...... the accused bolted the door from inside and tied up the hands and legs of his wife and inflicted boti dao blows on her face, chest, wrist, left thigh, abdomen and on her arms causing severe bleeding injuries and killed her by cutting her throat. Nazma Rahman (the informant) (P.W.1), Md. Tajul Islam..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
....l of the respective sessions case, the learned Joint Metropolitan Sessions Judge found the petitioner guilty of the charges brought against him under the said section and sentenced him to suffer simple imprisonment for 1(one) year in each case and to pay a fine of Taka 30,00,000, Taka 30,00,00...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... trial of the respective sessions case, the learned Joint Metropolitan Sessions Judge found the petitioner guilty of the charges brought against him under the said section and sentenced him to suffer simple imprisonment for 1(one) year in each case and to pay a fine of taka 30,00,000.00, taka 30,00,...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......f the dwelling room. The informant's mother and cousin-in-law (খালাতো ভাবী), Mosammat Ismat Ara on examining the body of Baby found the throat cut and as many as 10(ten) grievous injuries from throat to chest. They also found cut mark on the left breast, on the arm of the left ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....e, the accused admitted nothing in view of the decision in the case of the State Vs. Abdur Rashid Piada alias Abdur Rashid Sardar reported in 40 DLR (AD) 106, we are unable to accept the same for the simple reason that no suggestion was put to the P.W.4 Syed Lokman Ahmed to the effect that the confe......his evidence that one Zakir Hossain @ Milon declined to make any confessional statement to him. 48. In his cross-examination, the P.W.4 Syed Lokman Ahmed states that he did not find any marks of injuries on the persons of Tipu, Shahid and Khorshed when they were brought to him and as per his or..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....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. ...... 201 of the Penal Code and sentenced him to 5(five) years rigorous imprisonment. He held that though Belal's first confessional statement is inculpatory in nature, the same did not tally with the injuries found on the person of the victim; that in his second confessional statement Belal imputed..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... 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.......ure. This second statement cannot be taken as the basis for the conviction. The trial court is not justified in relying upon the second statement on the ground that this statement corroborates the injuries.……………………(5) Burden of proof Under the prevailing system of the ..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
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 ......, particularly some of the neighbours, raises a presumption against prosecution to the effect that had they been examined, they would not have supported the prosecution case." Fourthly: The injuries appear in the FIR and inquest report are quite contradictory with that of the injuries show..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....es, hence Article 39 of its Articles of Association has no manner of application in this case, as the learned advocate for the petitioner had tried to impress upon this court. 15. It is indeed a simple issue of increasing paid up capital within the limit of authorized capital to ensure complian......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
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. ......e petitioners, inasmuch as, the dying declaration proved by prosecution cannot be the basis for the conviction of the petitioners. According to the learned counsel, the victim sustained five gun shot injuries and under such circumstances, it was not a believable story that the victim would be able t..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....সাবে আত্মীকরণ। and, as such, it is clear that the respective petitioner (writ petition No. 1698 of 2004) having academic qualification only HSC in second division, simple SSC without any experience (Writ Petition No.1699 of 2004), simple SSC (Science) in third div......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....t. 12. In arriving at such conclusion my learned sister has not referred any decision and held that this is the accepted position of law. With due respect, I am unable to endorse her opinion for simple reason that the tenor and purport of what section 10 says do not support her view. Secondly, ......on that ‘It is true mere absconsion of the accused after the occurrence is not sufficient to hold him guilty of the offence. But since the victim died in the house of the accused as a result of injuries who was none but the wife of the accused, the High Court Division rightly drew adverse pres..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....1, 2012. Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is a......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. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......low on the head of Siraj Ullah causing grievous injury. Seraj Ullah fell down on the ground and then the other accused persons also assaulted him with various weapons causing several cut and swelling injuries on his person. The accused persons thereafter left the place of occurrence. The injured..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
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 ......d Momena continues to meet with each other. On the date at mid night the accused Ishaque called the victim deceased Abedin with the help of his sister Momena in his house where the victim met serious injuries by Ramdao and Sabol and subsequently succumbed to death in the room of accused Ishaque. Hen..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....nt if any case is filed or any proceeding is initiated in any court, in that case, the said initiated case or proceeding would be barred under Article 78(1) of the Constitution. That is the clean and simple meaning and spirit of Article 78(1) of the Constitution. We do not find anything in the Rulin......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
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....uage so supplied best declares the intention of the legislature and recourse to any other principle of interpretation is unnecessary. The language used in sub-section (1) of section 66 is very plain, simple, clear and unambiguous. Keeping in view the dictionary meaning of the word "appear"......likely to cause death, or with knowledge that he is likely by such act to cause death. Three explanations have been added to the section. The explanations have stipulated of the bodily injuries to be inflicted on another person causing death to that person and the other act causing de..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ....... A procession of unruly people numbering about 1500/1600 on 24-2-1996 at 4.40 P.M. led by the detenue and others without provocation attacked 4/5 police constables causing serious bleeding injuries. They also damaged a running mini bus bearing No. Dhaka Metro Ja-11-688 by throwing brick, ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
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