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Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....‘Charge filled in the columns of the first information report. 15. In cross‑examination, he stated that he examined all the papers kept in the record before submitting the charge‑sheet. In the medical certificate prepared before the death, history of injury either accidental or by burn was wr......got the news, she went to the home of her sister. Thereafter, her brother-in-Âlaw took her sister to the hospital and got her admitted there. She was in the hospital for 25 days. Nobody having taken care of her sister in the hospital, she herself and her mother took her sister home. 5 days after ta..Category: Criminal Law | Date: | Hits: 49
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
.... persons committed miscarriage on 19-5-93. 3. Thereafter, the opposite party No.2 on 19-5-93 filed the case before the Magistrate. At the time of hearing of the petition, the complainant annexed a medical certificate from the Gynecologist who opined about the occurrence. The Magistrate, however, ......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395...Category: Criminal Law | Date: | Hits: 43
Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
....ks is disÂpensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......nd that their father was murdered earlier inasÂmuch as they are the only adult male members of their family comprising of wife and minor children and that they are badly suffering for want of proper care and fooding due to their prolonged detenÂtion in jail and facing starvation and thus, crave th..Category: Criminal Law | Date: | Hits: 43
Rakib and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......e above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ..Category: Criminal Law | Date: | Hits: 38
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....aper books is disÂpensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......aper books is disÂpensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55...Category: Criminal Law | Date: | Hits: 42
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....for getting licence of Nikah Registrar in place of the complainant-petitioner wherein the comÂplainant-petitioner was shown as physicalÂly in poor condition and they procured a false and fraudulent medical certificate and thus, the accused-respondent No.1 obtained a licence of Nikah Registrar in p...... we find no subÂstance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53...Category: Criminal Law | Date: | Hits: 44
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is disÂpensed with as prayed for. The period of order of stay granted earÂlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21....... of paper books is disÂpensed with as prayed for. The period of order of stay granted earÂlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21...Category: Criminal Law | Date: | Hits: 49
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......s Vs. State 44 DLR 246, a Division Bench held as follows: “............his competence as a witness is beyond question. Only thing that requires to be done is to scrutinise his evidence with some care and caution being a child witness to see whether his evidence suffers from any infirmity or inc..Category: Criminal Law | Date: | Hits: 84
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....t difficult to support the charge levelled against the condemned prisoner. He, however, submits that as the dead body of the victim has been recovered from the house of the condemned prisoner and the medical evidence shows that the victim died as result of injuries, the accused cannot escape from cr......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....cused‑appellant Md. Masud Mia preferred the appeal before this Court. 7. Mr. AFM Mesbahuddin, the learned Advocate appearing for the appellant, submits that regard being had to the fact that the medical evidence does not support the story of rape and the circumstantial evidence brought on recor...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....on. Sections 50, 53 and 54 are new provisions inserted in the Code providing the person arrested to be informed the grounds of arrest and of his right of bail and the examination of the arrestee by a medical practitioner at the request of the police officer and the arrested person. These provisions ......t case, BALCO Employees Union (Regd) Vs. Union of India, 2001 AIR SCW 5135. In the earlier case it was observed: "While protecting the rights of the people from being violated in any manner utmost care has to be taken that the Court does not transgress its jurisdiction. There is in our constituti..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....er veracity. In the present case the evidence of the Prosecutrix is found to be reliable and trustworthy. No corroboration was required to be looked for though enough was available on the record. The medical evidence provided sufficient corroboration. 54. Prosecutrix PW1 Ratna Ram in her testimon......bunal No. 8, Comilla, the same being commission of rape on a young girl aged about 18 years by a student studying law taking undue advantage of fiduciary capacity as father of victim girl left her in care and custody of boy's father during former's temporary absence in this country is before us in t..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......hus evident that the accused appellant has been seriously prejudiced by the novel procedure adopted by the learned trial Court rendering the impugned order of Conviction untenable in law. 28. On a careful consideration of the facts and circumstances of the case and the evidence on record, I find ..Category: Criminal Law | Date: | Hits: 52
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......tion of the price of the land acquired that with the passing days the price of land increases while the value of Taka decreases, The law therefore cannot be mechanically interpreted in not taking any care of the proximity between the date of notice for acquisition and that of actual acquisition. [Ab..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......e witnesses dated 24‑9‑2003 is not challenged in this revision. However, both these orders were considered by us at the verbal submission of the learned Advocate for the petitioner. 8. We have carefully perused the certified copy of the application for examination of two witnesses (Annexure 1..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
.... the accused-opposite parties and further observed that the informant‑petitioner in spite of adjournments granted to him failed to produce documents in support of his claim. He also disbelieved the medical certificate relating to the treatment of the petitioner expressing suspicion about the point......h the case from the stage before discharging of the accusedÂ-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......t should not have been made the basis of conviction of the condemned prisoner and the conviction and sentence are therefore, liable to be set aside has also no substance. Although we find that no due care and diligence was exercised by the prosecution to prove that Topi was the nickname of Jannati b..Category: Criminal Law | Date: | Hits: 54
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....ing the points canvassed by the learned Counsel for the condemned prisoners, we like to observe that the learned Additional Sessions Judge has illegally marked the seizure lists and the report of the medical board as Exhibit 2, 3, 7 and 5 respectively and used them as evidence in this case. The arti......arade of clothes. The Supreme Court set aside the conviction on the reasoning that the circumstantial evidence was failing short of required standard on all material particulars observing "But if one carefully peruses his evidence, the identification was nothing but a farce. The dead body was not re..Category: Criminal Law | Date: | Hits: 110