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Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)

....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......they conjointly cut the tendons of both his legs, gave dao blow upon his hand and thereby accused caused grievous injuries upon his person. It appears that subsequently on 9‑12‑95 at 8-20 AM. the victim Masudur Rahman (Babu) died. The police after investigation submitted charge sheet against 10 ......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ..

Category: Criminal Law | Date: | Hits: 74

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ......on. Some time thereafter Chief Invigilator and Controller of Examinations came there and asked him to leave the hall. He further stated that he had no connection with those papers and he was merely a victim of circumstances. So he prayed to be excused considering the matter with a humanitarian and c......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ..

Category: Civil Law | Date: | Hits: 85

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ...... appellants with the alleged killing of deceased Nasiruddin. It appears to be very strange that none of the villagers had been to the house of the accused person in the night of occurance even though victim Nasiruddin was caught and tied up in the house of the accused persons on suspision that he ca......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ..

Category: Criminal Law | Date: | Hits: 56

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......her death. It is apparent from the Post Mortem Report of the deceased that a mark of injury was found on the right neck of the deceased and the death was caused by insecticide poisoning. But when the victim met her death in the house of the husband accused-appellant Humayun, he, after the death of h......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ..

Category: Criminal Law | Date: | Hits: 112

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

....do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings." It is to be observed that this section is substantially the same, with minor variation, with that of section 4(1) of the Arbitration Act of 1950 of England. 12. If we t...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)

....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......ed in this case the appellant was tried in absentia. The defence case as it appears from the cross-examination of the witnesses made on behalf of the accused Shah Alam is that he is innocent and is a victim of circumstances. He was examined under section 342 of the Cr.P.C. after the close of the evi......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..

Category: Criminal Law | Date: | Hits: 74

Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)

....nt Nos. 5 and 6 transferred 11.5 decimals of land to respondent Nos. 1 to 3 by sale deed being No. 8984 dated 03‑09‑96. Respondent No. 4 actually acquired 11.5 decimals of land in the name of his minor son and daughters and he was the real owner. Respondent No. 4 already became co‑sharer by wa......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...

Category: Property Law | Date: | Hits: 71

Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)

....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......917 of 2004 and Criminal Appeal No.4316 of 2004, accepting the reference and dismissing the Criminal Appeals. 2. The Facts of the case, in brief, are that on 20.04.1997 at about 5.00 p.m. when the victim Ataur Rahman alias Mamun (hereinafter referred to as the deceased) along with his friend Tare......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)

....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ...... 3. The relevant facts of the case are as follows: The informant Nurul Amin lodged a First Information Report (FIR) on 13.11.1998 with Comilla Kotwali P.S. alleging that on 12.11.1998 his son, victim Jamal Hossain, who was a rickshaw puller, deposited his rickshaw in the garage of its owner a......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 70

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......ppeal No. 588 of 1989. A Division Bench of the High Court Division by judgment and order dated 2nd February, 2009 maintained the conviction and sentence. 3. According to the prosecution story, the victim got a piece of land by way of gift and though she was living with the informant in the same h......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..

Category: Criminal Law | Date: | Hits: 81

State Vs. Abul Hashem, 1997, 26 CLC (HCD)

....in. 6. Dacoit Harun-or-Rashid broke his waist and was found with a dagger lying by the side of the rail line. P.W.7 arrested him. P.W.2 deposited the dagger with GRP Mymensingh. Other dacoits with minor injuries went to Bisheka Bazar. They were found moving suspiciously seeking medical treatment....... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..

Category: Criminal Law | Date: | Hits: 66

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

....ioner was an employee in India railway and after partition he opted for the then East Pakistan and was posted at Parbatipur and he had to reside at Parbatipur in his colony in 1949 when plaintiff was minor. From the evidence of P.W.2 Yeasin, P.W.3 Mosleuddin, P.W.4 Taslim Uddin it appears that the f......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..

Category: Property Law | Date: | Hits: 74

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

....ess under section 161 CrPC cannot be treated as substantive evidence. It may be used for the purpose of contradicting its makers. However we cannot be oblivious of the fact that the victim girl was a minor who was kidnapped by the accused and kept under their control and at that time she was legally......ping with his wife P.W.2 in the northern room of his western bhiti hut and his son Jakir Hossain was around the study table and his daughters Jasmin Akhtar P.W.4, Mosammat Aklima Khatun P.W.5 and the victim Ferdousi Begum alias Shilpi P.W.3 were standing there to hear the gossiping, the accused appe......nto the room by its eastern door and upon pointing a pistol and a dagger asked the informant and other inmates of the room to keep quiet and then accused appellant Siraj Mal caught hold of the victim girl Shilpi P.W.3 and pressed a piece of cloth on her mouth and then accused Nurul Islam @ Nuru and ..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....d Appeal Regulations 1984. It is further stated that no enquiry was held and the petitioner was deprived of the opportunity to be heard in person by the competent authority before inflicting major or minor penalties as per section 5(2) of the service rules. 19. An affidavit‑in‑opposition on b......bias and mala fide and the Rule was made absolute. The petitioner claims that since, the dismissal order was declared illegally the respondent Authority could not accept the defeat gracefully and was victimizing him. The Authority by an office order No.68/85 dated 6.2.85 promoted respondent Nos. 5 t......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ...... and accused (1) Fazlur Rahman, (2) Monsur Ali, (3) Kashem Ali, (4) Mobarak Ali Paik (Dead) and (5) Soleman Ali dragged Taher Mohammad from the verandah and dealt him blows with dagger and lathi. The victim’s wife and children raised alarm. Deceased Taher’s brother Idris and his son tried to com......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..

Category: Criminal Law | Date: | Hits: 79

Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)

....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......usively that the husband alone killed his wife. On re‑appraisal and scrutiny of evidence the Court held it will be improper to substitute moral conviction for legal evidence. The only fact that the girl was found lying dead while in custody of her husband, in absence of some other incriminating co..

Category: Criminal Law | Date: | Hits: 76

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......ment punishable under section 109 of the Penal Code for committing the offence punishable under sections 409/467/471 of the Penal Code, referred to above. They have also asserted that they are merely victims and main witnesses of the occurrence who initially brought to the notice of the authority ab......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..

Category: Criminal Law | Date: | Hits: 85

State Vs. Abdul Hatem, 2003, 32 CLC (HCD)

....al ‑ For the State Appellant. Md. Raisuddin, State Defence Lawyer – For the Condemned Prisoner. Death Reference No. 42 of 2000. Judgment AK Badrul Huq J. - Rahima Khatun, an unmarried minor girl aged about 15 years, was stabbed to death on 23‑6‑1997 at Village ‑ Kabaria­ Bari ......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ...... For the State Appellant. Md. Raisuddin, State Defence Lawyer – For the Condemned Prisoner. Death Reference No. 42 of 2000. Judgment AK Badrul Huq J. - Rahima Khatun, an unmarried minor girl aged about 15 years, was stabbed to death on 23‑6‑1997 at Village ‑ Kabaria­ Bari Guchha..

Category: Criminal Law | Date: | Hits: 75

Ripon Howlader Vs. State, 2009, 38 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......me there. Hanif and Masum held the hands of the deceased and accused Ripon inflicted knife (gupti) blows to him. Ali Akbar Sikder resisted Ripon and received injury on his finger caused by knife. The victim fell down on the ground when the accused persons ran away. Hearing alarm raised by Ali Akbar ......the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715...

Category: Criminal Law | Date: | Hits: 81

Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)

....ntence of the peti­tioners is commuted to rigorous impris­onment for 14 (fourteen) years. The sen­tence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......nflicted dagger blow causing injury to the left hand of inform­ant and accused Moniruzzaman @ Chaklet pointed a pistol and thereafter, the accused persons hurriedly left the place of occurrence with victim Sagorika by microbus. The informant lodged FIR with Shalikha Police Station stating the occur......ntence of the peti­tioners is commuted to rigorous impris­onment for 14 (fourteen) years. The sen­tence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...

Category: Criminal Law | Date: | Hits: 70