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Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....ttal. As to the first proposition we say that it is generally correct and conforms to the traditional and orthodox view. We would, however, like lo add dot with the change of time and circumstances attending the administration of criminal justice time has come and experience also demand that the H......etailed account of the assault made upon him by the respondents. At about the same time the Office-in-Charge, Islampur P.S. Sk. Abdur Rahman (P.W.14) who came to the Dispensary on being called by the doctor recorded another statement of Shamser Ali Amin which was treated as F.I.R. The condition of S..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......sailants including the present appellants to the people present there. Asanuddin Mondal (P.W.7) wrote down the dying declaration which was signed by witnesses. Wazed Ali went to Rupsi to call for a doctor but no sooner had he returned home than his father died. On the following day i.e. 12.3.81 ..Category: Criminal Law | Date: | Hits: 32
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....certainly our purpose to say, however, that killing of a wife by the husband is to be viewed by some other standard while considering the offence of murder but as in all other cases the circumstances attending the crime have to be taken notice of for inflicting the proper punishment prescribed und......e is admissible under Section 27 of the Evidence Act as the information was followed by the recovery of the dead body therefrom. That apart, the confession is also corroborated by the evidence of the doctor P.W. 12 who gave the opinion that death was due to asphyxia resulting from strangulation. The..Category: Criminal Law | Date: | Hits: 61
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......such the appellant should have been convicted under section 304 Penal Code. The learned counsel could not take upon himself the role of an expert, for, the defence did not elicit any opinion from the doctor on this point who held the postmortem examination and therefore it is presumptuous to offer a..Category: Criminal Law | Date: | Hits: 52
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....upheld by the High Court Division. 10. Prosecution case, as already seen, was that on 13.3.68 when Sohrab, Mahtab, Mobarak and deceased Jamshed were returning home on foot from Rajshahi town after attending court and reached near Mirjapur beel at about 5/5.30 P.M. a big gang of 60/80 men armed wi......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ...... It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the occurrence. In view of the clear opinion of the doctor that death resulted from the injuries and not from the surgical operations the learned Judges..Category: Criminal Law | Date: | Hits: 62
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ...... Gangamoyi Devi's case the genuineness of a will executed in 1867 was questioned in a suit filed in 1897. The will was attested by five persons. Four of them died before the trial, but the fifth, the doctor, stated in his deposition that he signed the will in the presence of the testator, and at h..Category: Procedural Law | Date: | Hits: 115
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... as stated above. Even if, for the sake of argument, this judicial confession is ignored, the extra-judicial confession made within a few minutes of the incident remains unassailed. 10. The attending circumstances are heavily against the accused Nausher. He had no enmity with Elias; ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....quitted them all. Being dissatisfied with the acquittal the State has come before us in appeal on leave granted by us to consider whether the acquittal is warranted in view of the evidence and attending circumstances against the accused. I agree with my learned brother that interference......as an F.I.R. On 15.12.72 some human bones were brought out from the aforesaid mud-well in the presence of a Magistrate (P.W. 8) and those bones were examined on the following day by a doctor (P.W. 9) attached to the T. B. Hospital, Rangpur. S.I. Abul Khayer (P.W. 10) O.C Pirga..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....4 Kashem stated that the deceased was in the company of the accused when they were going to Srimangal town. P.W. 9 Profulla stated in chief that the deceased came to his shop at about 7/7-30 P.M. for attending arbitration and when he went out from his shop the accused were waiting in the veranda of ...... Member was in the bazar P.W.3 did not notice any injury in the right hand of Lalu. There is no evidence to show that the police marked such an injury when Lalu was arrested or it was examined by any doctor or it was noticed by the Magistrate on 30.6.76 when the accused refused to confess. According..Category: Criminal Law | Date: | Hits: 124
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....tary witness, namely. P.W.1, the Informant, is sustainable in law in the face of the positive defence case which got considerable support from the evidence of prosecution witnesses as well as the attending circumstances. 38. Mr. Abdul Malek, learned Advocate for the appellants, has seriou...... prove that P.W.1, did not see which weapons were used as, according to defence, she was not present on the spot at the relevant time. This is quite understandable. 23. According to P. W. 2, the doctor who held postmortem examination, there were four injuries, of widen injuries Nos. 1 and 4 on ..Category: Criminal Law | Date: | Hits: 56
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......erson but deceased Mona Karati had as many as five punctured and incised wounds. These injuries were said to have been caused by the appellants and the evidence of the postmortem transaction of the doctor is that Mona Karati died due to shock and hemorrhage on account of the internal injuries whic..Category: Criminal Law | Date: | Hits: 45
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....tody of child) Different schools of Muslim thought (Sunni) have difference of opinion about Hizanat. According to Superior Courts in the sub-continent, Hizanat is justified to fit in with the attending circumstances of the case in exercise of the discretion exercised by the Court…………......ed for the respondents submitted that respondent No. 4 has been taking utmost care in looking after the boy and providing him all necessary treatment in Bangladesh and abroad. On the advice for the doctors she took the boy to U.K. where he has already undergone operation Doctors in U.K. expressed ..Category: Family Law | Date: | Hits: 152
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....the same incident should be tried simultaneously by the same court. Though these is no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination of disputed facts…......that her father was assaulted and she was sought to be abducted by Nurul Islam's party, whereupon a counter-case was also started. 4. The prosecution examined 9 witnesses including the Post Mortem doctor and 2 Police personnel and rendered 11 witnesses. No witness was examined by the defence. O..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......apula (2) One incised wound 1"x1/2"x muscle deep on the right lumber region. (3) One incised wound 1"x1/2"x bone deep on the forehead. 8. On dissection the doctor found, among others, perforation in the right pleura and right Lung and right kidney..Category: Criminal Law | Date: | Hits: 39
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......ac12;˝X4˝ muscle deep. (3) Spinal cord incised at the level of the third cervical vertebra. (4) Fracture of the third cervical vertebra. Death, in the opinion of the doctor, was due to shock and hemorrhage from injuries which were ante-mortem and homicidal in natu..Category: Criminal Law | Date: | Hits: 66
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....report. But, it is of such extreme importance that publicity should be given to all judicial proceedings that consideration seems to me to outweigh what has been pointed out as the possible evils attending a publication of this kind. The matter is decided by the cases which have been referred ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... deciding the legality or otherwise of the impugned notification. The appellant completed 25 years of service on 10-4.1977. Due to scarcity of doctors restriction has been imposed on government doctors in seeking employment outside the country. For the same reason as many as 34 doctors who hav..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
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