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Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....e been exhaustively narrated by my learned brother, a decision on the question being dependant on facts, I feel it proper to state short facts for the brevity of my separate opinion. Victim Trisha, a minor girl of school going standard four students was returning home on 17th July, 2002 at about 3-3......g standard four students was returning home on 17th July, 2002 at about 3-30 PM from school and when she reached near the Gaibandha Madhyapara Maternity Center, the appellants blocked her way and the victim being frightened started running away towards Khapara lane/Appellants by chasing took her on ...... exhaustively narrated by my learned brother, a decision on the question being dependant on facts, I feel it proper to state short facts for the brevity of my separate opinion. Victim Trisha, a minor girl of school going standard four students was returning home on 17th July, 2002 at about 3-30 PM f..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 ......for the enforcement of fundamental rights conferred by Part III of the Constitution. It is only in the exceptional cases that compensation or compensatory cost may be awarded to a victim in a petition properly drawn under Article 102 of the Constitution. The violation must b...... 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 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......f jurisdiction of special tribunals set up under Collaborators (Special Tribunals) Order, 1972 raised by Mr. Khan I feel far from being convinced. There is no scope for the persons put to trial to be victim of double jeopardy precisely for the reason that the Collaborators (Special Tribunals) Order ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....nt Control Act. But he did not. On the question of renovation as he claim to tune of Taka 50 lakh is beyond the terms of the contract as in term 8(e) of the lease agreement tenant was allowed to make minor repair to the tune of Taka 500 per month. Law also provide in section 13 of the Act that Landl...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....the case was renumbered as Administrative Tribunal Case No. 161 of 2003. 3. The Administrative Tribunal after hearing the parties by order dated 22.09.2005 allowed the case in part by imposing minor penalty, i.e. withholding the annual increment of the petitioner for two years under rule 4(2......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......stablish physical relationship with her but she refused telling that before marriage she would not allow any physical relationship. Then one day, on 05.01.2003, in the absence of the parents of the victim girl the accused brought a fake "moulvi" to the house of the informant and performed a fake m......h physical relationship with her but she refused telling that before marriage she would not allow any physical relationship. Then one day, on 05.01.2003, in the absence of the parents of the victim girl the accused brought a fake "moulvi" to the house of the informant and performed a fake marriage..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ...... in the supplementary affidavit it appears that she prayed pardon mainly on the ground that her husband (the petitioner) and his two political well wishers namely Mir Khashim Ali and Darbesh Ali were victimized for political reasons and their political opponent implicated them in the false case. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....allowed the application and added him as party in the suit contending inter alia that the submission of the plaintiff petitioners that when the deed in question was registered the added defendant was minor and he did not claim the property within 3 years from the date of attaining his majority and, ......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......f 2010 arising out of Rajpara Thana Case No.33 dated 25-8-2010 corresponding to MGR Case No.1046 of 2010. 2. The prosecution case, in brief, is that on 5-6-2010 at about 10.00 hours at night the victim Amena Khatun has been beaten by her husband (the convict-appellant), causing several injuries......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... (2)2001 under sections 302/201/34 of the Penal Code, pending in the Court of Sessions Judge, Jamalpur. 3. The facts of the case, in brief, are that one Md. Ashraf Hossain, brother-in-law of the victim's father lodged ejahar with the Jamalpur Police Station stating, inter alia, that th...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......tion cannot be ascertained without holding trial and therefore, the Rule is liable to be discharged. 8. In the petition of complaint there is clear allegation of rape to have been committed on the victim-complainant by the accused-petitioner on 12.1.1996 at his house, when she went there to meet ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....y were declared hostile and they deposed that no such occurrence took place on the alleged place, date and time. P.W.5 is the interested witness. P.W.7 and P.W.9 are formal witness and P.W.8 is the minor witness. The learned Additional District Magistrate, after discussing he evidence and defence ......iable to be set-aside or not. 17. The prosecution in all examined nine witnesses in this case and they were cross-examined by the defence and P.W.1 is not an eye-witness and P.W.2 is the injured victim who gave exaggerated and contradictory statement to the prosecution story and P.W.3 is a inte......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ...... The informant S.M. Iqbal Hossain asked Harun (since deceased), to inform the matter to the police. When Harun tried to go to inform the police, accused Saiful Azam fired a gun shot at the chest of victim Harun with his own firearm, and as a result, Harun fell down on the ground. The other accused......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......nce firstly from his friend Shahin (P.W.2) and secondly from Ranjit Kumar Das (P.W.1). He along with his two friends namely, Kanai Pal (P.W.4) and Shahin rushed to the house of occurrence and saw the victim lying on the ground with abrasive injuries on her person. On inquiry she disclosed that the p......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....g shop etc the property left behind by said Badsha Miah described in schedule Ka, Ga and Gha of the plaint has been in possession of the defendant Nos. 1-4; defendant No. 5 Rezia Begum along with her minor children i.e. Dulari, Rena Akhter and Rana Talukder as plaintiffs instituted said Title Suit N......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... discharge in Nario-Shishu Case No.98 of 2004 arising out of Mirpur Police Station Case No.80 (9) 03 corresponding to G. R. No.3910 of 2003. 2. Facts leading to this appeal, in brief, are that the victim Shahida Begum filed a petition of complaint before the Nari-o-Shishu Nirjatan Damon Tribunal,......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....Md. Altafur Rahman (P.W.8) performing autopsy on the dead body found "defuse swelling (heamotoma) on the vault of the head especially on the (Rt) parito occipital region" and two other minor injuries on the fingers. This witness noticed that the skull bone was fractured and on dissect......ave from the judgment of the High Court Division. 3. Short facts relevant for the disposal of the appeal are that the accused persons were involved in terrorist activities against which the victim Abdul Khaleque protested, and as a result, they threatened the victim to dire consequenc......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....0.05.07 a frivolous and malicious complaint was filed before the court of Learned Magistrate (Kha Anchal) by Mr. Rezaul Haque against the accused-petitioner No.2 and others after tragic demise of his minor son named SM Akash. On 30.04.07 the 10 years old son of the informant fell ill due to fev......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ed not guilty and claimed to be tried. 6. Prosecution examined five witnesses out of fourteen, who were named in the charge sheet. Of them P.W.1 Mst. Renu Begum is the informant and mother of the victim. P.W.2 Shirina Begum is her (informant’s) colleague working at the same chatal. P.W.3 Lipy ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
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